minutes ordinary council meeting thursday, 20 · pdf fileminutes ordinary council meeting...

MINUTES

ORDINARY COUNCIL MEETING

THURSDAY, 20 JULY 2017

5.42PM

SHIRE COUNCIL CHAMBERS

Declaration of Opening ................................................................................... 11.1 Recording of those present ............................................................................ 1 1.2 Apologies ........................................................................................................ 1 1.3 Approved leave of absence ............................................................................ 1 1.4 Welcoming of visitors to the meeting .............................................................. 1 1.5 Announcements by the presiding member without discussion ....................... 1

2 Public Question Time ..................................................................................... 1 2.1 Response to previous public questions taken on notice ................................. 1 2.2 Public question time ....................................................................................... 1

3 Declarations of Interest .................................................................................. 1

4 Confirmation of Minutes of Previous Meetings ............................................... 1

5 Public Statements, Petitions, Presentations and Approved Deputations ........ 1

6 Method of Dealing with Agenda Business ...................................................... 1

7 Reports ........................................................................................................... 1 7.1 Reports from committees ............................................................................... 2

Chief Executive Officer Nil

Executive Manager Corporate & Community Services 7.2.2.1 Accounts Due for Payment (June 2017) ........................................................ 3 7.2.2.2 Reconciliation (June 2017) ........................................................................... 16 7.2.2.3 Monthly Financial Statements (June 2017) ................................................. 22

Executive Manager Development & Administration 7.2.3.1 Tilley Siding Development Application ......................................................... 52

8 New Business of an Urgent Nature ............................................................ 147

9 Applications for Leave of Absence ............................................................. 147

10 Motions of Which Previous Notice Has Been Given ................................... 147

11 Questions from Members without Notice .................................................... 147

CONFIRMED MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS ON THURSDAY 20 JULY 2017

12 Meeting Closed to Public ............................................................................ 147 12.1 Matters for which meeting may be closed .................................................. 147 12.2 Public reading of resolutions that may be made public .............................. 147 13 Closure ....................................................................................................... 147

14 Next Meeting .............................................................................................. 147

1 Declaration of Opening The Shire President declared the meeting open at 5:42pm.

1.1 Recording of Those Present

Cr K J Chappel President Cr D S Carslake Deputy President Cr D B Collins Cr J M Coaker Cr D S Agar Cr M J Thornton Cr K P Stokes Mr S Fletcher Acting Chief Executive Officer Ms S Appleton Executive Manager Development & Administration Mrs W Gledhill Executive Manager Corporate & Community Services Mr P Buist Principal Works Manager Mrs S Adams Executive Assistant

1.2 Apologies

Nil

1.3 Approved Leave of Absence Nil

1.4 Welcoming of Visitors to the Meeting Nil

1.5 Announcements by the Presiding Member without Discussion Nil 2 Public Question Time

2.1 Response to previous public questions taken on notice Nil

2.2 Public question time Nil

Page 1 of 147

3 Declaration of Interest

Nil

4 Confirmation of Minutes of Previous Meetings

4.1 Ordinary Council Meeting - 22 June 2017

COUNCIL RESOLUTION

1707004 Moved: Cr Thornton Seconded: Cr Collins

That Council:

Confirmation the minutes of the Ordinary Council Meeting - 22 June 2017

CARRIED 7/0

5 Public Statements, Petitions, Presentations and Approved Deputations

Nil

6 Method of Dealing with Agenda Business

Nil

7 Reports

7.1 Reports from Committees

Nil

7.2 Reports from the Chief Executive Officer

7.2.2 Executive Manager Corporate & Community Services

7.2.3 Executive Manager Development & Administration

Page 2 of 147

7.2.2 Executive Manager Corporate & Community Services

• • • • • • •

SUMMARY

A list of accounts is attached for all payments made for the month of June 2017

DECLARATION OF INTEREST

Nil

ATTACHMENTS

7.2.2.1A List of accounts due for payment – June 2017

BACKGROUND INFORMATION

Local Government (Financial Management) Regulations 1996 – Reg 13

The local government has delegated to the CEO the exercise of power to make payments from the municipal fund or the trust fund, a list off accounts paid by the CEO is to prepare each month showing for each account paid since the last such list was prepared.

OFFICER’S COMMENT

Nil

Item No/Subject: 7.2.2.1 Accounts Due For Payment – June 2017

Date of Meeting: 20 July 2017

Date & Author: 16 July 2017 - Candice Smith - Senior Finance Officer

Responsible Officer: Fred Gledhill – Executive Manager Corporate & Community Services

Applicant/Proponent: Executive Manager Corporate & Community Services

File Number: FM.CRD.1

Previous minute/s & Reference:

Page 3 of 147

COMMUNITY CONSULTATION

Nil

COUNCILLOR CONSULTATION

Nil

STATUTORY ENVIRONMENT

Local Government (Financial Management) Regulations 1996 – Reg 13

POLICY IMPLICATIONS

Section 3 – Finance 3.6 Use of Corporate Credit Cards Policy

FINANCIAL IMPLICATIONS

As per list of accounts

STRATEGIC IMPLICATIONS

Nil

RISK MANAGEMENT

As per Policy Section 3 – Finance 3.11 Risk Management Controls

VOTING REQUIREMENT

Simple Majority

Page 4 of 147

OFFICER’S RECOMMENDATION

That Council endorses:

The list of accounts paid by the Chief Executive Officer under delegated authority, represented by:

• Municipal EFT Payment Numbers EFT 9771 to EFT 99887 inclusive,amounting to $470,845.95

• Municipal Cheque Payments Numbered 11713 to 11719 plus Cheque 20amounting to $15,730.66

• Municipal Direct Debit Payments Numbers DD5624.1 to DD5668.1 amountingto $22,749.47

• Payroll for June 2017

01/06/2017 - $47,802.6114/06/2017 - $46,083.2528/06/2017 - $47,511.62

Page 5 of 147

Date: 16/07/2017 SHIRE OF MORAWA USER: Finance Officer

Time: 3:12:30PM PAGE: 1

Cheque /EFT Bank INV

No Date Name Invoice Description Code Amount Amount

20 23/06/2017 Shire of Morawa June 2017 Petty Cash recoup 1 299.05

EFT9771 02/06/2017 Kats Rural Various Parts and Supplies 1 278.61

EFT9772 02/06/2017 Morawa Drapery Store Steel Cap Boots 1 59.90

EFT9773 02/06/2017 Morawa Roadhouse Sandwich Platters 1 500.00

EFT9774 02/06/2017 Geraldton Toyota Service RAV 4 02MO 1 271.04

EFT9775 02/06/2017 Bob Waddell & Associates Pty Ltd Assistance with 17/18 Annual Budget 1 627.00

EFT9776 02/06/2017 The Paper Company of Australia Paper Pallets Shire Office and CRC 1 1,496.00

EFT9777 02/06/2017 Wallis Computer Solutions Printer repair & New Printer DRS surgery 1 1,806.64

EFT9778 02/06/2017 Herrings Coastal Plumbing & Gas Fit new Bayonet Line 1 638.29

EFT9779 02/06/2017 IGA Morawa IGA Account 1-15th May 2017 1 99.10

EFT9780 02/06/2017 Colliers Rental Charges Depot 1/6/17-30/6/17 1 423.85

EFT9781 02/06/2017 Australian Services Union Payroll deductions 1 79.05

EFT9782 02/06/2017 Department of Human Services Payroll deductions 1 547.17

EFT9783 06/06/2017 Prestige Pty Ltd Cleaning Service 1 1,847.50

EFT9784 06/06/2017 Greenfield Technical Services 2017 Flood Damage assessment - 1 2,304.50

EFT9785 07/06/2017 Greenfield Technical Services 2017 Flood Damage Assessment Expenses 1 4,899.25

EFT9786 07/06/2017 Bob Waddell & Associates Pty Ltd Assistance with 17/18 Annual Budget 1 2,211.00

EFT9787 07/06/2017 Strategic Teams Acting CEO for Week Ending 9th June 2017 1 4,400.00

7.2.2.1A Accounts due for Payment - June 2017

Page 6 of 147





EFT9788 08/06/2017 Prestige Pty Ltd Service- Cleaning 1 1,850.00 EFT9789 08/06/2017 Department of Fire and Emergency Services ESL Quarter 4 Emergency Service Levy 1 4,026.96 EFT9790 08/06/2017 BOC Limited Oxygen Bottles Depot 1 38.76 EFT9791 08/06/2017 Kats Rural 4" Sack Trolley Tube 1 21.00 EFT9792 08/06/2017 Midwest Chemical & Paper Distributors Pac Vac Pro 400 Skirt 1 135.00 EFT9793 08/06/2017 Purcher International Pty Ltd Switch Pressure 1 193.60 EFT9794 08/06/2017 Mid-West Auto Group Purchase of Honda CRV – Price less Trade 1 3,859.38 EFT9795 08/06/2017 Hitachi Construction Machinery (Australia) Pty Ltd Inserts for Grader 1 2,231.02 EFT9796 08/06/2017 Canine Control Tuesday 23/5/17 Ranger Services 1 962.50 EFT9797 08/06/2017 Morawa Football Club Inc. Football Club Kids Sport Claims 1 1,499.00 EFT9798 08/06/2017 Totally Work wear Polar Fleece Jumper- Safety Wear 1 45.24 EFT9799 09/06/2017 DALLYWATER CONSULTING Contract EHO work - on site 5 days plus travel 1 5,808.00 EFT9800 12/06/2017 Morawa CWA Rates refund for assessment A315 1 217.45 EFT9801 13/06/2017 Australian Services Union Payroll deductions 1 79.05 EFT9802 13/06/2017 Department of Human Services Payroll deductions 1 547.17 EFT9803 14/06/2017 Herbert Edward Kenyon Various cleaning works 1 175.00 EFT9804 14/06/2017 Star Track Express Freight Costs 1 131.61 EFT9805 14/06/2017 Morawa Roadhouse Caravan park management fees 25th Nov 2016 to 28th May 2017 1 750.00 EFT9806 14/06/2017 BL & MJ Thornton Waste Removal Services Waste removal May 2017 1 9,272.28

Page 7 of 147





EFT9807 14/06/2017 Refuel Australia Bulk fuel, oil and card purchases May 2017 1 24,339.75 EFT9808 14/06/2017 Courier Australia Freight Charges 1 43.14 EFT9809 14/06/2017 Bob Waddell & Associates Pty Ltd Assistance with 17/18 Annual Budget 1 66.00 EFT9810 14/06/2017 Leading Edge Computers Dongara & Geraldton UPS for front counter 1 130.00 EFT9811 14/06/2017 Strategic Teams Acting CEO week ending 16th June 2017 1 4,400.00 EFT9812 14/06/2017 Brookfield Rail Water recoup - Salon at Solomon Terrace 1 54.34 EFT9813 14/06/2017 RSM Bird Cameron Professional services Interim Audit 2017 plus travel costs 1 4,581.59 EFT9814 14/06/2017 ASK Waste Management Production of draft action plan report 1 13,200.00 EFT9815 14/06/2017 Incite Security Monthly monitoring service May 2017 1 116.99 EFT9816 21/06/2017 Morawa Medical Centre Pre-employment medical 1 130.00 EFT9817 21/06/2017 Hitachi Construction Machinery (Australia) Pty Ltd New 2017 John Deer 315SL Backhoe Loader - less trade Case 1 139,700.00

580SR 2006 EFT9818 21/06/2017 Western Australia Police Return unused Monies from CCPF211516 - Shire of Morawa - 1 521.40

Wheels Week Grant EFT9819 21/06/2017 DALLYWATER CONSULTING Contract onsite EHO work 14/06-16/06 1 3,212.00 EFT9820 21/06/2017 Strategic Teams Acting CEO Week Ending 23rd June 2017 1 4,400.00 EFT9821 21/06/2017 Morawa News & Gifts Monthly Stationary and papers 1 138.38 EFT9822 21/06/2017 BOC Limited Purchase of arrange of acetylene cylinder’s. 1 708.17 EFT9823 21/06/2017 Moore Stephens Provision of long term financial planning 1 4,559.50 EFT9824 21/06/2017 Landgate GNV GEN VALS Country 1 12,117.80

Page 8 of 147





EFT9825 21/06/2017 Reliance Petroleum Mthly Fuel Purchases 1 555.11 EFT9826 21/06/2017 S & K Electrical Contracting Pty Ltd Repairs - Faulty Circuit Breaker 1 119.26 EFT9827 21/06/2017 GH Country Courier Freight - Midwest Chemicals - Morawa 1 177.39 EFT9828 21/06/2017 Shire of Perenjori Reimbursements - Club Development Contribution 2016/07 1 9,345.00 EFT9829 21/06/2017 Neverfail Springwater Limited Monthly Cooler fee 1 14.30 EFT9830 21/06/2017 Alinta Sales Pty Ltd Power usage at Caulfield Road, Morawa from 1/5/17 to 31/5/17 1 252.30 EFT9831 21/06/2017 Covs Parts Pty Ltd Parts 1 84.92 EFT9832 21/06/2017 Economic Regulation Authority Asset management system review Shire of Morawa 1 15,818.00 EFT9833 21/06/2017 Landmark Operations Limited Various Goods 1 763.48 EFT9834 21/06/2017 Market Creations Print of x 500 Business cards 1 187.00 EFT9835 21/06/2017 IT Vision Australia Pty Ltd End of Financial Year Processes Training 1 944.90 EFT9836 21/06/2017 Think Water Geraldton Various Parts 1 161.70 EFT9837 21/06/2017 Greenfield Technical Services Investigation of siting of proposed business signage with Main 1 1,122.00

Roads EFT9838 21/06/2017 Bunnings Group Limited 18lt chemical spray bottle 1 84.55 EFT9839 21/06/2017 Shire of Perenjori Fridge magnet design work 1 450.00 EFT9840 21/06/2017 Morawa Rural Enterprises Various Parts 1 2,876.25 EFT9841 21/06/2017 Statewide Bearings Bearings 1 17.60 EFT9842 21/06/2017 Russell Coupe & Assoc. Business Unit 1and 9 Valuation for leasing purposes 1 550.00

Page 9 of 147





EFT9843 21/06/2017 Covs Parts Pty Ltd Various parts 1 409.43 EFT9844 21/06/2017 Bucher Municipal Pty Ltd Supply 2x200712-1 mesh screen 2x 280694-50 intake duct 1 5,151.36

1x281190 EFT9845 21/06/2017 Dongara Tree Service Various Tree pruning around town site 1 10,780.00 EFT9846 21/06/2017 Totally Work wear Uniform 1 299.98 EFT9847 21/06/2017 Herrings Coastal Plumbing & Gas Unblock drain day care centre 1 148.50 EFT9848 21/06/2017 Woodlands Distributors & Agencies Pty Ltd 4 rolls of doggy waste bags 1 66.00 EFT9849 21/06/2017 Rylan Concrete Mountable Kerb 1 41,724.76 EFT9850 21/06/2017 J&D Cook 1645 kl water from turkey nest 1 4,523.75 EFT9851 21/06/2017 Central West Concrete PTY LTD Concrete for Morawa Tip 1 2,244.00 EFT9852 21/06/2017 Patience Sandland Pty Ltd Supply 100 ton cream sand to Shire Morawa Depot. 1 4,155.30 EFT9854 23/06/2017 Great Southern Fuel Supplies May 17 Fuel Account 1 919.20 EFT9855 27/06/2017 Australian Services Union Payroll deductions 1 79.05 EFT9856 27/06/2017 Department of Human Services Payroll deductions 1 547.17 EFT9857 30/06/2017 Cunningham Earthmoving & Logistics Hire Dozer to push gravel 60 hrs 1 46,475.00 EFT9858 30/06/2017 Canine Control Ranger Services Wed 7 June 2017 1 1,925.00 EFT9859 30/06/2017 Mitchell & Brown 40ltr fridge/freezer - BFB 1 1,299.00 EFT9860 30/06/2017 Leading Edge Computers Dongara & Geraldton On-Line Backup Licence for a single base server 1 1,074.00 EFT9861 30/06/2017 Neverfail Springwater Limited Monthly Cooler Rental 22/06/2017 - 22/07/2017 1 14.30 EFT9862 30/06/2017 Catwest Road Maintenance Supply and lay hot mix in carpark 367 m2 1 17,404.20

Page 10 of 147





EFT9863 30/06/2017 Communication Systems Geraldton Works to be completed on Local Radio receiver as per request 1 2,892.45

EFT9864 30/06/2017 Strategic Teams Acting CEO Weekending 30th June 2017 1 4,400.00 EFT9866 30/06/2017 Prestige Pty Ltd Cleaning Period Ending 29/05 - 11/06 1 6,332.50 EFT9867 30/06/2017 Morawa News & Gifts June 2017 1 616.94 EFT9868 30/06/2017 Refuel Australia Fuel Expenses June 2017 1 941.51 EFT9869 30/06/2017 IGA Morawa June 2017 1 919.53 EFT9875 30/06/2017 WesTrac Equipment Pty Ltd Diagnostic test and repair two Trans missions 1 4,470.68 EFT9876 30/06/2017 Midwest Chemical & Paper Distributors 2 x 20 litre tins dual coat polish for Town Hall 1 500.00 EFT9877 30/06/2017 S & K Electrical Contracting Pty Ltd Building Maintenance Inspections 1 397.65 EFT9878 30/06/2017 ML Communications New telephone for additional work station 1 528.00 EFT9879 30/06/2017 Ocean Centre Hotel 1x night's stay – Staff recruitment 1 378.00 EFT9880 30/06/2017 Jason Signmakers Various Goods 1 5,446.87

EFT9881 30/06/2017 Geraldton Saw Doctor 7 Sharpening Services Various Parts 1 69.30 EFT9882 30/06/2017 TPG Amendments to LPS2 Omnibus Amendment requested by WAPC 1 1,100.00 EFT9883 30/06/2017 Coates Hire Hire floor sander for Town Hall 1 330.86 EFT9884 30/06/2017 Totally Work wear Staff uniform 1 443.32 EFT9885 30/06/2017 Canning Bridge Auto Lodge Accommodation - Training 1 556.00 EFT9886 30/06/2017 Abrolhos Steel Various Goods 1 129.80

Page 11 of 147





EFT9887 30/06/2017 Rodney King Two new tyres to replace bald tyres - Doctors Car 1 877.80 11713 02/06/2017 Synergy Power Usage 20 April- 18 May 2017 1 1,587.60 11714 02/06/2017 Telstra Corporation Limited Phone usage 2/5/17-1/6/17 1 2,009.77 11715 08/06/2017 Shire of Morawa Registration 12 months for Rav4 1 384.30 11716 23/06/2017 Shire of Morawa Yearly Vehicle Licence 1 77.50 11717 23/06/2017 Telstra Corporation Limited May Phone Charges 1 3,056.03 11718 23/06/2017 City of Greater Geraldton Long Service Leave Entitlement 1 8,260.96 11719 23/06/2017 Morawa Licensed Post Office Emmlee's Monthly Postal Bill May17 1 55.45 DD5624.1 14/06/2017 WA Local Government Superannuation Plan Payroll deductions 1 8,056.34 DD5624.2 14/06/2017 AMP LIFE LTD - SUPERANNUATION Superannuation contributions 1 488.32 DD5624.3 14/06/2017 BT FINANCIAL GROUP Superannuation contributions 1 300.94 DD5624.4 14/06/2017 MLC Super Fund Superannuation contributions 1 222.87 DD5624.5 14/06/2017 Commonwealth Bank Group Super Superannuation contributions 1 90.13 DD5624.6 14/06/2017 Concept One Superannuation contributions 1 211.05 DD5624.7 14/06/2017 Australian Super Superannuation contributions 1 214.53 DD5645.1 28/06/2017 WA Local Government Superannuation Plan Payroll deductions 1 7,947.84 DD5645.2 28/06/2017 AMP LIFE LTD - SUPERANNUATION Superannuation contributions 1 488.32 DD5645.3 28/06/2017 BT FINANCIAL GROUP Superannuation contributions 1 300.94 DD5645.4 28/06/2017 MLC Super Fund Superannuation contributions 1 222.87

Page 12 of 147





DD5645.5 28/06/2017 Commonwealth Bank Group Super Superannuation contributions 1 108.50

DD5645.6 28/06/2017 Concept One Superannuation contributions 1 211.05

DD5645.7 28/06/2017 Australian Super Superannuation contributions 1 214.53

DD5645.8 28/06/2017 BT Super for Life Superannuation contributions 1 148.19

DD5663.1 01/06/2017 West net Pty Ltd June West net 2017 1 254.75

DD5663.2 13/06/2017 BOQ Finance Copier Lease June 2017 1 301.16

DD5663.3 05/06/2017 Bankwest May Credit Card 2017 1 2,170.60

DD5666.1 28/06/2017 WA Local Government Superannuation Plan Superannuation contributions 1 546.54

DD5668.1 30/06/2017 Desmond Councillor Refund bond for Tennis Court room hire 1 250.00

REPORT TOTALS

EFT $ 470,845.95

Cheque $ 15,730.66

Direct Debits $ 22,749.47

Payroll $ 141,397.48

Credit Card $ 2,170.60

TOTAL $652,894.16

Page 13 of 147





May-17

Business Credit Card - John Roberts Bankwest MasterCard Date Description Accounts Account Description Amount GST

7/05/2017 Council Refreshments 1041030.520 Receptions & Refreshments 95.40 0.00 8/05/2017 Parking - Moore Stephens meeting for LTFP 1042070.520 Planning Expenses 10.00 0.00

Total Purchases for J. Roberts 105.40 0.00

Business Credit Card - Fred Gledhill Bankwest MasterCard Date Description Accounts Account Description Amount GST

3/05/2017 supply Hep shots for Gardiners 1142260.520 Medical Expenses 434.40 0.00 0.00 0.00 0.00 0.00

0.00

Total Purchases for F. Gledhill 434.40 0.00

Business Credit Card - Sam Appleton Date Description Accounts Account Description Amount GST

16/05/2017 Number plate change EM vehicle changeover P245 Honda CRV 25.30 2.30 17/05/2017 Deep clean for Town Hall B11103 Town Hall Maintenance 21.50 1.95 18/05/2017 Key Cutting B13203 Caravan Park 184.80 16.80 18/05/2017 Number plate change for new CRV P245 Honda CRV 16.60 1.51 18/05/2017 Flights ALGA Conference 1041070.520 Members Conference Expenses 412.15 37.47 18/05/2017 Flights ALGA Conference 1142130.502 Travel & Conference Expenses 856.55 77.87 29/05/2017 2 x Buffet Warmers 1041030.520 Receptions & Refreshments 113.90 10.35

Page 14 of 147





0.00

Total Purchases for S.Appleton 1630.80 148.25

Total Fees and Charges 2170.60 148.25

Page 15 of 147

Item No/Subject 7.2.2.2 Reconciliations - June 2017 Date of Meeting: 20 July 2017 Date & Author: 16 July 2017 Senior Finance Officer – Candice Smith Responsible Officer: Fred Gledhill – Executive Manager Corporate & Community Services Applicant/Proponent: Executive Manager Corporate & Community Services File Number: FM.ACC.1 Previous minute/s & Reference: SUMMARY Local Government (Financial Management) Regulation 34 (1) (a) states that a Local Government must prepare financial statements monthly. DECLARATION OF INTEREST Nil ATTACHMENTS Nil BACKGROUND INFORMATION The information provided is obtained from the Bank Reconciliations carried out for Municipal Bank/Reserves Bank and the Trust Bank to ensure all transactions have been accounted for. OFFICER’S COMMENT The Shire of Morawa’s financial position is as follows:-

Page 16 of 147

BANK BALANCES AS AT 30 June 2017

Account 2017

Municipal Account # $191,146.39

Trust Account $14,696.94

Business Telenet Saver (Reserve) Account $4,161,824.47

WA Treasury O/night Facility (Super Towns) Account $736,190.97

Reserve Term Deposit (Community Development) $500,000.00

Reserve Term Deposit (Future Funds 1) $800,000.00

Reserve Term Deposit (Future Funds 2) $800,000.00

BANK RECONCILIATION BALANCES

The Bank Reconciliation Balances for 30 June 2017 with a comparison for 30 June 2016 is as follows:

Account 2016 2017

Municipal Account # $9,997.47 $173,923.63

Trust Account $10,853.53 $15,980.75

Reserve Account $6,308,521.69 $6,185,411.18

Page 17 of 147

RESERVE ACCOUNT

The Reserve Funds of $6,998,015.44 as at 30 June 2017 were invested in:- • Bank of Western Australia $4,161,824.47 in the Business Telenet Saver Account • $736,190.97 in the WA Treasury O/Night Facility • Term Deposit (Future Funds 1) $800,000.00 • Term Deposit (Future Funds 2) $800,000.00 • Term Deposit (Community Development Fund) $500,000.00

Breakdown for June 2017 with a comparison for June 2016 is as follows: 2016 2017

Sports Complex Upgrade Reserve $0.00 $0.00

Land & Building Reserve $79,045.36 $99,976.60

Plant Reserve $941,343.64 $905,518.16

Leave Reserve $286,652.39 $281,137.64

Economic Development Reserve $108,034.89 $109,307.63

Sewerage Reserve $144,601.84 $216,305.39

Unspent Grants & Contributions Reserve $92,742.57 $877,389.61

Community Development Reserve $1,376,592.95 $1,187,558.70

Water Waste Management Reserve $0.00 $0.00

Future Funds Reserve $2,140,599.64 $2,121,127.33

Morawa Future Funds Interest Reserve $54,704.93 $88,035.93

Aged Care Units Reserve Units 6-9 $9,024.79 $9,131.13

Aged Care Units Reserve Units 1-4 0 $67,963.59

Aged Care Units Reserve Unit 5 0 $54,557.78

Transfer Station Reserve $134,514.99 $27.18

S/Towns Revitalisation Reserve $173,736.09 $176,558.39

ST Solar Thermal Power Station Reserve $550,687.29 $559,632.58

Business Units Reserve $61,240.32 $81,961.78

Legal Reserve $15,000 $20,176.72

Road Reserve $140,000.00 $141,649.30

TOTAL $6,308,521.69

$6,998,015.44

Page 18 of 147

TRANSFER OF FUNDS $27,898.75 from Unspent Grants to Municipal Fund being for Interest earned on

MWIP S/Towns up to and including 30/06/2014, 30/06/2015. 5 August 2016 $12,606.63 from Unspent Grants to Municipal Fund being for Interest earned on

S/Towns Interest 15/16. 10 August 2016 $106,179.00 from Transfer Station Funds to Municipal Fund less interest earned

being for New Transfer Station. 31 October 2016 $200,000.00 from Community Development Fund to Municipal Fund being for

contribution towards major works on Town Swimming Pool. 31 October 2016 $27,816.09 from Unspent Grant to Municipal Fund being for Cloud Chasing Grant

Unspent EOY 15/16. 31 October 2016

$38,694.73 from Municipal Fund to Plant Reserve – 1st Quarter Asset Depreciation allocation as per Budget. 15 December 2016.

$38,694.73 from Municipal Fund to Plant Reserve – 2nd Quarter Asset Depreciation

allocation as per Budget. 30 March 2017

$54,409.15 from Municipal Fund to Aged Care Unit 5 – Transfer of money from Aged Care Account. 30 March 2017

$67,778.44 from Municipal Fund to Aged Care Units 1-4 – Transfer of money from

Aged Care Account. 30 March 2017

$299,042.00 from Municipal Funds to Unspent Grants being for FAGS Grant Roads payment in advance 17/18. 14 June 2017

$521,430.00 from Municipal Funds to Unspent Grants being for FAGS Grant

General payment in advance 17/18. 14 June 2017

$20,000.00 from Transfer Station Funds to Municipal Fund being for project complete. 29 June 2017

$32,000.00 from Municipal Funds to Unspent Grant being for 15/16 Sport and Rec

Operational Grant Unspent due to Pool being closed. 29 June 2017

$127,000.00 from Plant Reserve to Municipal Funds being for purchase of new Backhoe. 29 June 2017

$3,125.15 from Plant Reserve to Municipal Funds being for purchase of EM upgrade

vehicle. 29 June 2017

Page 19 of 147

$5,630.80 from Leave Reserve to Municipal Funds being for LSL provision T Dayman. 29 June 2017

$8,260.96 from Leave Reserve to Municipal Funds being for LSL provision R

Henningham. 29 June 2017

$30,925.72 from Plant Reserve to Municipal Funds being for upgrade CEO vehicle. 29 June 2017

$24,388.92 from Plane Reserve to Municipal Funds being for upgrade Maintenance

Grader vehicle. 29 June 2017

$16,570.46 from Plant Reserve to Municipal Funds being for Upgrade Works Supervisor vehicle. 29 June 2017

$77,389.00 from Municipal Funds to Plant Reserve being for 3rd and 4th Quarter

Depreciation as per budget. 29 June 2017

$32,686.52 from Municipal Funds to Morawa Future Funds Interest Reserve being for 85% interest 15/16 as per budget. 29 June 2017

$5,000.00 from Municipal Funds to Legal Fees being for general provision as per

budget. 29 June 2017

$20,000.00 from Municipal Funds to Business Units being for general provision as per budget. 29 June 2017

$20,000.00 from Municipal Funds to Building Reserve being for Housing

depreciation as per budget. 29 June 2017

$70,000.00 from Municipal Funds to Sewerage Reserve being for 25% income/expenditure as per budget. 29 June 2017

$5,000.00 from Municipal Funds to Leave Reserve being for general provision as

per budget. 29 June 2017

$32,686.52 from Future Funds to Municipal Funds being for 85% interest 15/16 as per budget. 29 June 2017

$9,096.91 from Transfer Station to Municipal Funds being for interest earned on

funds – project complete. 29 June 2017

o Investment Transfers

o $500,000.00 from Community Development Fund to Term Deposit Community

Development for 11 months and 30 days @ 3% interest

o $800,000.00 from Future Funds to Term Deposit Future Funds1 for 11 months and 30 days @ 3% interest

Page 20 of 147

o $800,000.00 from Future Funds to Term Deposit Future Funds2 for 11 months and30 days @ 3% interest

o $500,000.00 from Municipal Funds to Term Deposit Municipal Account for 47 days@ 1.5% interest


NIL


NIL


Local Government Act 1995 and Local Government (Financial Management) Regulations 1996

POLICY IMPLICATIONS

Section 3 – Finance 3.11 Risk Management Controls Section 3 – Finance 3.4.3 Investment Policy – Delegated Authority


As presented


Nil

RISK MANAGEMENT

As per Policy Section 3 – Finance 3.11 Risk Management Controls

VOTING REQUIREMENTS

Simple Majority


That Council:

Receive the bank reconciliation report for 30 June 2017.

Page 21 of 147

• Agenda Format Suggestions (Tom) • • • • • • •

SUMMARY

Local Government (Financial Management) Regulation 34(1) (a) states that a Local Government must prepare financial statements monthly.


Nil

ATTACHMENTS

7.2.2.3A Financial Activity Report - June 2017 (A copy of the schedules is available if required)


Nil

OFFICER’S COMMENT

Nil


Nil


Nil

Item No/Subject: 7.2.2.3 Monthly Financial Statements


Date & Author: 16 July 2017 ` Candice Smith - Senior Finance Officer

Responsible Officer: Fred Gledhill - Executive Manager Corporate & Community Services

Applicant/Proponent: Senior Finance Officer Manager Accounting & Finance

File Number:


Page 22 of 147


Local Government Act 1995 and Local Government (Financial Management) Regulations.

POLICY IMPLICATIONS

Nil


As presented


Nil

RISK MANAGEMENT

Nil

VOTING REQUIREMENTS

Simple Majority


That Council:

Receive the Statement of Financial Activity and the Variance Report for the period ending the 30 June 2017.

COUNCIL RESOLUTION

1707005 Moved: Cr Thornton Seconded: Cr Stokes

That items 7.2.2.1 to 7.2.2.3 be moved enbloc.

COUNCIL RESOLUTION

Item 7.2.2.1

That Council endorses:

The list of accounts paid by the Chief Executive Officer under delegated authority, represented by:

• Municipal EFT Payment Numbers EFT 9771 to EFT 99887 inclusive,amounting to $470,845.95

Page 23 of 147

• Municipal Cheque Payments Numbered 11713 to 11719 plus Cheque20 amounting to $15,730.66

• Municipal Direct Debit Payments Numbers DD5624.1 to DD5668.1amounting to $22,749.47

• Payroll for June 2017

01/06/2017 - $47,802.6114/06/2017 - $46,083.2528/06/2017 - $47,511.62

COUNCIL RESOLUTION

Item 7.2.2.2

That Council:

Receive the bank reconciliation report for 30 June 2017.

COUNCIL RESOLUTION

Item 7.2.2.3

That Council:

Receive the Statement of Financial Activity and the Variance Report for the period ending the 30 June 2017.

CARRIED 7/0

Page 24 of 147

7.2.2.3A Monthly Financial Report - June 2017

Page 25 of 147

of 147

00001

SUMMARY

An application for development approval has been received for a ‘Storage Yard’ (stockpiling of various commodities) at the existing rail siding known as Tilley Siding located at Lot 502 on Deposited Plan 73471 situated on Morawa-Yalgoo Road.

This report recommends that the application be approved subject to conditions.


Nil

ATTACHMENTS

7.2.3.2 A - Tilley Siding Application for Development Approval 7.2.3.2 B - Tilley Siding background report 7.2.3.2 C - Plan 7.2.3.2 D - Tilley Siding Submissions - MRWA and EPA


The application relates to Lot 502 on Deposited Plan 73471 situated on Morawa-Yalgoo Road. Lot 502 is 317ha in area and is located approximately 3km north of the Morawa town site. The lot is divided into three portions by two east west running railway lines. The western portion of the lot is occupied by an existing railway siding, known as ‘Tilley Siding’ and this is the area subject to this application (‘the site’).

Tilley Siding feeds into the existing north south railway line, which runs between Northam and Mullewa and is one of the primary freight rail lines servicing the wheatbelt north-east of Perth.

Item No/ Subject: 7.2.3.1 Tilley Siding Development Application


Date & Author: 8 June 2017 - Karrie Elder - City of Greater Geraldton and Samantha Appleton – Executive Manager Development & Administration

Responsible Officer: Samantha Appleton – Executive Manager Development & Administration

Applicant/Proponent: APP Corporation Pty Ltd on behalf of Brookfield Rail

File Number: ADM 0519


Page 52 of 147

7.2.3 Executive Manager Development and Administration

In October 2007 the Shire received an application from Midwest Corporation Limited (MCL) to construct the railway siding for the purposes of stockpiling and loading iron ore to service their Koolanooka mine site.

At the meeting held 30 October 2007, Council resolved to decline the application given that it;

considered that the alternative Tilley East Siding was a more appropriate location for the proposed Rail Siding.

In December 2007 MCL applied to the State Administrative Tribunal (SAT) for a review of this decision. The SAT application was subsequently referred to the then Minister for Planning and Infrastructure for determination.

On 15 February 2008 the Minister resolved to approve the construction of the ‘stockpile loading and transport facility’ at Tilley Siding subject to a number of conditions. Condition 2 restricted the permitted use of the facility for no more than 10 years. The facility was constructed in 2008 in accordance with the Minister’s approval.

Brookfield Rail is seeking to acquire and operate Tilley Siding for the purposes of establishing an inter-modal rail road transport facility at Morawa. This will enhance the quality and standard of the network servicing the wider mid-west region. Brookfield Rail recently completed the Mid West Rail Upgrade project which upgraded more than 184 km of the rail network between Morawa and Geraldton, via Mullewa including the existing railway line running parallel to the site’s western boundary. The Mid West Rail Upgrade Project provides an opportunity for economic growth, connecting the region with export markets through the port of Geraldton.

In order to further facilitate their proposal to acquire the siding, Brookfield Rail lodged an Application for Subdivision Approval with the WA Planning Commission which was subsequently granted approval on 27 January 2017. The subdivision will create a separate freehold lot for the portion of Lot 502 occupied by Tilley Siding.

With the original approval granted by the Minister expiring in February 2018, Brookfield Rail has lodged this development application to allow for the continued use of the site.

The Application and Development Approval reports are is included in the attachments.

OFFICER’S COMMENT

The application seeks approval to utilise the site for a range of purposes including stockpiling of commodities, the transfer of those commodities from road to rail, train parking, and the lay-down of goods and equipment beyond February 2018. There are no construction works proposed as part of the application given that the rail infrastructure is already existing.

The application does propose a broader range of commodities to be stockpiled including grain and other as yet unidentified minerals.

Page 53 of 147

The existing hardstand area and railway track will remain, and all existing remnant vegetation located around the periphery of the siding will be retained. All other site works which were undertaken to satisfy the conditions imposed by the current approval will be retained. This includes the landscaped bund running along the western side of the facility, perimeter fencing and lighting.

As part of the original application, an environmental approval was issued by the Minister for Environment and the Environmental Protection Authority which required that the facility operate in accordance with approved Noise and Dust Management Plans. An application is currently being made to transfer the responsibility for the environmental approval to Brookfield Rail.

Given the prior environmental assessment and conditions stipulated under the current approval, the continued use of Tilley Siding for iron ore stockpiling is considered appropriate. However, given that environmental investigations have not been done for the stockpiling of other commodities, it is not considered appropriate for the local government to grant approval for any other commodities at this time.

Council has the ability to support an overriding ‘Storage Yard’ use at the site but limit stockpiling to iron ore only. Proposals for additional commodities to be stockpiled would then require the further approval of the local government so that the suitability of the commodity can be assessed and any additional conditions or requirements can be requested.

This requirement of further approvals means that not only does the local government hold control over what is stockpiled at the site, but will also allow rail infrastructure in the area the flexibility to respond to changes in resource demands from agriculture and mining in the municipality.

The subject area is located in a bushfire prone area and the application has been reviewed by certified bushfire practitioners who concluded that a Bushfire Management Plan is not required. Planning Bulletin 111/16 ‘Planning in Bushfire Prone Areas’ states that exemptions from the bushfire planning framework can be made where the;

proposal does not result in the intensification of development (or land use), does not result in an increase of residents or employees; or does not involve the occupation of employees on site for any considerable amount of time.

It is considered that the approval of iron ore stockpiling at the site does not intensify development or land use considering that it is simply the extension of the existing land use.


Advertising Midwest Times and Public Notices Public Consultation Period 42 days

Page 54 of 147


December Ordinary Council Meeting – Subdivision proposal


Planning and Development Act (Local Planning Scheme) Regulations 2015

Schedule 2 Part 9 cl. 74 of the Planning and Development Act (Local Planning Scheme) Regulations 2015 states that;

The local government may grant development approval subject to a condition that further details of any works or use specified in the condition must be submitted to, and approved by, the local government before the developer commences the development.

This clause allows Council to approve stockpiling of iron ore at Tilley Siding but require further approvals for each different commodity proposed. This will provide Brookfield Rail security to proceed with their proposal but will give the local government the ability to assess each commodity to ensure its suitability to be stockpiled at the site.

Shire of Morawa Local Planning Scheme No 2

The site is zoned ‘Rural’ under the Shire’s Local Planning Scheme No 2 (“LPS 2”).

The use class which most accurately reflects the proposed use of stockpiling of various commodities at the site is ‘Storage Yard’. Under LPS 2 ‘Storage Yard’ means ‘any land used for the storage of goods’.

It is considered that the transfer of commodities from road to rail, train parking, and the lay-down of goods and equipment all falls within works incidental to a ‘Storage Yard’.

While ‘Storage Yard’ is defined, it does not appear in the Zoning Table of LPS 2 meaning that Clause 3.2.5 applies.

3.2.5 If the use of land for a particular purpose is not specifically mentioned in the Zoning Table and cannot be reasonably determined as falling within the interpretation of one of the use categories the Council may:

(a) Determine that the use is consistent with the objectives and purposes of the particular zone and is therefore permitted; or

(b) Determine that the proposed use may be consistent with the objectives and purpose of the zone and thereafter follow the ‘SA’ procedures of Clause 6.3 in considering an application for planning approval; or

(c) Determine that the use is not consistent with the objectives ad purposes of the particular zone and is therefore not permitted.

Under LPS 2 the objectives of the ‘Rural’ zone are:

Page 55 of 147

(a) To ensure the continuation of broad-hectare farming as the principal land use in the District and encouraging where appropriate the retention and expansion of agricultural activities;

(b) To consider non-rural uses where they can be shown to be of benefit to the District and not detrimental to the natural resources or the environment; and

(c) To allow for facilities for tourists and travellers, and for recreational uses.

The majority of the subject site will continue to be used for agricultural (cropping) purposes with the rail siding occupying just 7% of the total site area. Broad-hectare farming will therefore remain the principal land use.

The proposal will benefit the area by supporting the retention and potential expansion of economic activities by establishing an inter-modal terminal for the distribution of local produce. Given the prior environmental assessment and conditions stipulated under the current approval, the continued use of Tilley Siding is not considered detrimental to the environment.

The proposal is therefore considered consistent with the relevant objectives of the ‘Rural’ zone.

Advertising:

The application was publicly advertised in accordance with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015.

The advertising period was for 42 days and involved the following:

1. All landowners abutting and in proximity to the subject area were written toand provided with details of the development application;

2. A public notice appeared in the Midwest Times on 22 March 20173. A sign was placed on site;4. Details of the development application were made available on the Shire’s

website;5. The details of the application were referred to the following agencies:

• Department of Environmental Regulation;• Department of Fire and Emergency Services;• Environmental Protection Authority;• Main Roads WA; and• Public Transport Authority.

Submissions:

As a result of the advertising, a total of 2 submissions were received, both with no objection to the proposal.

The Environmental Protection Authority advised the local government that for Brookfield Rail to undertake any activities related to the prior approval, a request is to be lodged with the Office of the Environmental Protection Authority to change the nominated proponent. The applicant has advised that this has occurred.

Page 56 of 147

Main Roads WA has no objection to the change of use given that; the siding had direct access to a local road, road upgrades and realignments had occurred, and it is considered than the proposal would encourage the use of freight transport via the rail network and reduce the number of road trains.

Copies of the actual submissions are included in the attachments.

POLICY IMPLICATIONS

Nil


Nil


Shire of Morawa - Strategic Community Plan 1.2 Maximise business, industry and investment opportunities

Draft Local Planning Strategy

A Draft Local Planning Strategy has been prepared to guide the long term planning and development of the Shire over the next 10-15 years.

The strategy recommendations are based on the following vision;

Our vision is for Morawa to become the future regional sub-centre of the North Midlands, the primary industry hub of the sub-region and a centre of excellence in research, education and training.

The Strategy identifies a series of project objectives, a number which are relevant to this application, being;

EC1 Increase range and diversity of local businesses and industry EC2 Increase local business investment EC4 Promote agriculture within the region B4 Provide an integrated, safe and efficient intermodal transport network B5 Provide necessary transport networks that connect to the regional centre and

surrounding communities B7 Ensure that necessary residential, commercial and industrial zoned land is

available.

The subject site is shown in the Strategy as being an ‘Area to be rezoned to General Industry’ as ‘long term industrial land following ‘uptake’ of existing zoned industrial land’.

The on-going use of land is compatible with the industrial uses contemplated for the abutting land to the south and west, and will be a catalyst for establishing strategic transport and an industrial hub in Morawa to service the wider Mid West region.

Page 57 of 147

RISK MANAGEMENT

Environmental Given the location of the subject area 2km north of the Morawa town site mitigation of potential adverse impacts related to dust and noise is necessary.

Control of this risk will occur by only approving the stockpiling of iron ore at the site at this time given that it is the only commodity that has had any environmental assessment. This will allow for other commodities to be considered subject to the same detailed environmental assessment when proposed.

House The original environmental approval was granted based on MCL purchasing abutting land so that the nearest residence (located 500m to the west) would remain vacant for the life of the project. Brookfield Rail has signed a deed of agreement with MCL where Brookfield Rail will have the right to demolish the house at its cost if 6 months’ notice is given.

To ensure the residence is demolished (which in turn will ensure the ongoing compliance with the terms of the original approval) it is warranted for Council to request that this residence be demolished prior to the commencement of the use.

VOTING REQUIREMENTS

Simple majority


That Council grant development approval for a ‘Storage Yard’ (stockpiling of various commodities) on Lot 502 on Deposited Plan 73471 situated on Morawa-Yalgoo Road, Morawa subject to the following conditions:

1. Development shall be in accordance with the attached approved plan(s) presentedin the report on 22 June 2017 and subject to any modifications required as aconsequence of any condition(s) of this approval. The endorsed plans shall not bemodified or altered without the prior written approval of the local government.

2. Other than incidental stockpiling associated with the rail siding operations, allstockpiling is limited to iron ore only.

3. Any stockpiling of commodities other than iron ore requires further details of thatuse to be submitted to, and approved by, the local government before theproponent commences the development.

4. That the plantings used to screen of the development from view of the adjacentroad under the conditions of the previous development approval be maintained tothe approval of the local government.

Page 58 of 147

5. Upon commencement of the development, road crossing places are required to be maintained to the approval of the local government.

6. Prior to commencement of the development, the proponent is responsible to

ensure that a Dust Management Plan is submitted to, and approved by, the local government, setting out in detail the management commitments applicable to dust minimisation relevant to all installations, activities and processes. The Dust Management Plan shall demonstrate that dust emissions will achieve compliance with the requirements of the Environmental Protection (Dust) Regulations 1997. Once approved, the proponent from time to time is responsible to ensure, that all installations, activities and processes are carried out at all times and in all respects in accordance with the Dust Management Plan.


ensure that a Noise Management Plan is submitted to, and approved by, the local government, setting out in detail the management commitments applicable to noise minimisation relevant to all installations, activities and processes. The Noise Management Plan shall take proper account of tonal components, amplitude or frequency modulations or impulses, and the Plan shall demonstrate that noise emissions will achieve compliance with the requirements of the Environmental Protection (Noise) Regulations 1997. Once approved, the proponent from time to time is responsible to ensure, that all installations, activities and processes carried out at all times and in all respects in accordance with the Noise Management Plan.


ensure that a Traffic Management Plan is submitted to, and approved by, the local government, setting out in detail the management commitments applicable to truck numbers, types and movements relevant to all activities and processes. Once approved, the proponent from time to time is responsible to ensure, that all activities and processes carried out at all times and in all respects in accordance with the Traffic Management Plan.

9. Prior to commencement of the development the house located on lot 5619 bordering the 500m exclusion zone is to be demolished.

Notes: i. If the development / land use, the subject of this approval, is not substantially

commenced within a period of 5 years after the date of determination, the approval shall lapse and be of no further effect.

ii. Where an approval has so lapsed, no development / land use shall be carried out without the further approval of the local government having first been sought and obtained.

iii. If an applicant is aggrieved by this determination, there is a right (pursuant to the Planning and Development Act 2005) to have the decision reviewed by the State Administrative Tribunal. Such application must be lodged within 28 days from the date of determination.

Page 59 of 147

COUNCIL RESOLUTION 1707006 Moved: Cr Stokes Seconded: Cr Agar

That Council grant development approval for a ‘Storage Yard’ (stockpiling of various commodities) on Lot 502 on Deposited Plan 73471 situated on Morawa-Yalgoo Road, Morawa subject to the following conditions:

1. Development shall be in accordance with the attached approved plan(s) presented in the report on 22 June 2017 and subject to any modifications required as a consequence of any condition(s) of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the local government.

2. Other than incidental stockpiling associated with the rail siding operations, all stockpiling is limited to iron ore only.

3. Any stockpiling of commodities other than iron ore requires further details

of that use to be submitted to, and approved by, the local government before the proponent commences the development.

4. That the plantings used to screen of the development from view of the

adjacent road under the conditions of the previous development approval be maintained to the approval of the local government.

5. Upon commencement of the development, road crossing places are required

to be maintained to the approval of the local government. 6. Prior to commencement of the development, the proponent is responsible to

ensure that a Dust Management Plan is submitted to, and approved by, the local government, setting out in detail the management commitments applicable to dust minimisation relevant to all installations, activities and processes. The Dust Management Plan shall demonstrate that dust emissions will achieve compliance with the requirements of the Environmental Protection (Dust) Regulations 1997. Once approved, the proponent from time to time is responsible to ensure, that all installations, activities and processes are carried out at all times and in all respects in accordance with the Dust Management Plan.


ensure that a Noise Management Plan is submitted to, and approved by, the local government, setting out in detail the management commitments applicable to noise minimisation relevant to all installations, activities and processes. The Noise Management Plan shall take proper account of tonal components, amplitude or frequency modulations or impulses, and the Plan shall demonstrate that noise emissions will achieve compliance with the requirements of the Environmental Protection (Noise) Regulations 1997. Once approved, the proponent from time to time is responsible to ensure,

Page 60 of 147

that all installations, activities and processes carried out at all times and in all respects in accordance with the Noise Management Plan.


ensure that a Traffic Management Plan is submitted to, and approved by, the local government, setting out in detail the management commitments applicable to truck numbers, types and movements relevant to all activities and processes. Once approved, the proponent from time to time is responsible to ensure, that all activities and processes carried out at all times and in all respects in accordance with the Traffic Management Plan.

9. Prior to commencement of the development the house located on lot 5619 bordering the 500m exclusion zone is to be demolished.

Notes: iv. If the development / land use, the subject of this approval, is not

substantially commenced within a period of 5 years after the date of determination, the approval shall lapse and be of no further effect.

v. Where an approval has so lapsed, no development / land use shall be carried out without the further approval of the local government having first been sought and obtained.

vi. If an applicant is aggrieved by this determination, there is a right (pursuant to the Planning and Development Act 2005) to have the decision reviewed by the State Administrative Tribunal. Such application must be lodged within 28 days from the date of determination.

CARRIED 7/0

Page 61 of 147

7.2.3.1 A - Tilley Siding Application for Development Approval

Page 62 of 147

Ref: 11024 Febru

Chief ExShire of PO Box MORAW

Attentio

APPLICEXISTINLOT 502

APP Co502 on D

We are(‘ApplicaApplicat

The App

S C C Th

1.0 B

1.1 S

The sitetown of Location

The siteapproximby two eruns paris occupsouth ralines se(croppinMorawa

The siteFolio 11

022 uary 2017

xecutive OfficMorawa 14

WA WA 6623

on: Mr John

CATION FORNG RAILWA2 ON DEPOS

orporation PtyDeposited Pl

e instructed ation’) with rtion relates s

plication com

ix copies of tompleted Apheque for a his letter, tog

ACKGROUN

ubject Site

e is located inMorawa an

n and Attachm

e has a lanmately 1.6 kieast-west runrallel to the spied by a raiailway line, wrvicing the w

ng) purposes Airport, a pr

e is described4 (refer Attac

cer

3

Roberts

R DEVELOPMAY SIDING (‘T

SITED PLAN

y Ltd (‘APP’)lan 73471, s

by Brookfrespect to tholely to the p

mprises:

the Applicatiopplication for sum of $295

gether with a

ND

n the Shire ond approximament 2 – Loc

nd area of lometres to

nning railwaysite’s westernlway siding,

which runs bwheatbelt nos, which is throposed indu

d as Lot 502chment 3 – C

MENT APPRTILLEY SIDIN 73471, MO

) acts for Broituated on M

field Rail tohe existing rportion of the

on drawing;Developmen

5, being the attachments,

of Morawa (‘Sately 370 kilcal Location)

317 hectarMorawa-Yalgy lines, both on boundary a

known as ‘Tbetween Nororth-east of he predominustrial area, s

2 on DepositCertificate of

ROVAL ING’) – STO

ORAWA-YAL

ookfield RailMorawa-Yalgo

o submit thrailway sidine site occupie

nt Approval applicable feedescribing th

Shire’), 3 kilolometres no).

res, with itsgoo Road. Tof which fee

and Mullewa-Tilley Sidingrtham and MPerth. The

nant land usespeedway an

ted Plan 734f Title).

OOCKPILINGLGOO ROAD

, the contracoo Road, Mo

his Applicatng (‘Tilley Sied by Tilley S

Form, signede for the Apphe proposed

ometres to thrth of Perth

s southern The existing d into an exi-Wubin Road’. Tilley Sid

Mullewa and e balance of e in the locand golf cours

471, held on

G AND TRAND, MORAWA

cted purchasorawa (‘subje

ion for Devding’) locateSiding.

d by the curreplication (use

developmen

he north of t(refer Attac

boundary hasite is dividesting north-sd. The westeing feeds intis one of ththe site is

ality. To these.

Certificate o

NSPORT FAA

ser of a portiect site’).

velopment ed on the si

rent land owne only); and nt in further d

the mid-westchment 1 –

aving a froed into threesouth railwayern portion oto the existin

he primary frused for ag

e south of th

of Title Volu

ACILITY

on of Lot

Approval te. This

ners;

detail.

t regional Regional

ntage of e portions y line that of the site ng north-reight rail gricultural he site is

me 2794

7.2.3.2 B - Tilley Siding background report.

Page 63 of 147

Ref: 11022 24 February 2017

Page 2

1.2 Tilley Siding The western portion of the site is occupied by a rail siding, which was constructed by Sinosteel Midwest Corporation Limited (‘SMCL’) in 2008 for the purpose of stockpiling and loading iron ore from its Koolanooka mine located approximately 30 kilometres to the east. Prior to commencement, SMCL referred the Tilley Siding proposal to the Environmental Protection Authority for assessment pursuant to Part IV of the Environmental Protection Act (‘EP Act’). Following consideration by the Minister for the Environment (refer Statement No.758 published January 2008 and amended 11 February 2008), the (then) Minister for Planning and Infrastructure granted Development Approval for the rail siding in February 2008. The Minister’s Development Approval was for the construction of an iron ore ‘stockpile loading and transport facility’, with Condition 2 stating that the approval “permits the use of the facility for no more than ten (10) years.” The facility was constructed by SMCL in accordance with the terms of the Minister’s Development Approval and thereafter utilised by SMCL on a number of occasions for iron ore stockpiling and loading. The Minister’s Development Approval remains valid and SMCL continue to lease the land occupied by Tilley Siding from the current owners of the subject site. SMCL’s lease will terminate when the portion of the subject site occupied by Tilley Siding is created as a separate lot and transferred to Brookfield Rail (refer below). 1.3 Brookfield Rail Brookfield Rail manages and operates over 5,100 kilometres of state-owned rail infrastructure throughout the southern half of Western Australia, transporting approximately 75 million tonnes of freight and bulk commodities each year, and providing direct rail connections to the ports of Geraldton, Bunbury, Albany, Esperance and Fremantle. Brookfield Rail recently completed the Mid West Rail Upgrade Project, which transformed more than 184 kilometres of the rail network between Morawa and Geraldton, via Mullewa, including the existing railway line running parallel to the site’s western boundary, into which Tilley Siding is connected. The Mid West Rail Upgrade Project provides an opportunity for economic growth, connecting the region with export markets through the port of Geraldton and potentially a new deep water port at Oakajee. The rail upgrade is a ‘flagship priority project’ in the Western Australian Planning Commission’s (‘WAPC’) Mid West Regional Infrastructure Priorities Project 2010 Workshop Paper (November 2011), and the Department of Transport’s ‘Western Australian Regional Freight Transport Network Plan’. Brookfield Rail’s lease over the rail network does not expire until 2049. Brookfield Rail is seeking to acquire and operate Tilley Siding to facilitate its on-going use as an inter-modal transport facility in coordination with the freight rail network, for the duration of its lease. Tilley Siding is important to Brookfield Rail’s freight rail network, given its strategic location in the Mid West and its potential to be utilised as an inter-modal terminal for the transfer of mineral resources and agricultural produce from road to rail transport.

Page 64 of 147


Page 3

1.4 Proposed Subdivision To give effect to Brookfield Rail’s proposal to acquire and operate Tilley Siding, an Application for Subdivision Approval was lodged with the WAPC in November 2016, for the purpose of creating a separate freehold lot for the portion of the site occupied by Tilley Siding. The proposed lot (‘Lot 2’) will have an area of approximately 20 hectares and be acquired by Brookfield Rail for the purpose of owning and operating Tilley Siding. Lot 2 will have a frontage to Morawa-Yalgoo Road along its southern boundary of approximately 143 metres. The Subdivision Application was approved (without any conditions) by the WAPC on 27 January 2017, meaning a Deposited Plan to create a separate lot for Tilley Siding is required to be lodged with the WAPC on or before 27 January 2020. Refer Attachment 4 – Subdivision Plan and WAPC Approval. 2.0 DESCRIPTION OF PROPOSED DEVELOPMENT This Application seeks approval to utilise Tilley Siding for a range of purposes, including the stockpiling of commodities such as grains and minerals, the transfer of those commodities from road to rail, train parking, and the lay-down of goods and equipment. The Application does not propose any construction works but simply seeks approval to use the existing infrastructure for a broader range of purposes than presently allowed for under the current approval. The Application also seeks approval for the existing infrastructure to be utilised after February 2018. In this regard, it is important to note that Condition 2 of the current approval only prohibits the use of the existing infrastructure beyond February 2018 – it does not require the existing infrastructure to be removed after February 2018. Vehicle access will continue to be provided from Morawa-Yalgoo Road via the existing constructed crossover located approximately 160 metres east of the intersection with Mullewa – Wubin Road. This intersection was upgraded by SMCL in accordance with conditions imposed on the Development Approval issued in February 2008, and no further road works are considered necessary. The existing hardstand area and railway track will remain, and all existing remnant vegetation located around the periphery of the siding will be retained. All other site works that were undertaken to satisfy the conditions imposed on the current approval will be retained, including the landscaped bund running along the western side of the facility, perimeter fencing and lighting. It is proposed that the facility will operate ‘around the clock’ (24 hours, 7 days a week), in accordance with end-user requirements. However, such use will be subject to compliance with relevant environmental legislation (i.e. noise regulations) and conditions imposed through the EPA’s environmental assessment process, as discussed further below. Refer Attachment 5 – Proposed Development Plan.

Page 65 of 147


Page 4

3.0 TOWN PLANNING CONSIDERATIONS 3.1 Local Planning Considerations 3.1.1 Shire of Morawa Local Planning Scheme No. 2 Zoning The site is zoned ’Rural’ under the Shire’s Local Planning Scheme No.2 (‘LPS2’). Refer Attachment 6 – LPS2 Zoning Map. The Objectives of the ‘Rural’ zone are:

a) To ensure the continuation of broad-hectare farming as the principal land use in the District

and encouraging where appropriate the retention and expansion of agricultural activities;

b) To consider non-rural uses where they can be shown to be of benefit to the District and not

detrimental to the natural resources or the environment; and

c) To allow for facilities for tourists and travellers, and for recreation uses. In accordance with Objective (a), the majority of the subject site, comprising some 300 hectares (93%), will continue to be used for agricultural (cropping) purposes by the existing owners, with the rail siding occupying just 20 hectares (7%) of the total site area. As a consequence, broad-hectare farming will remain the principal land use to be made of the land. Further, the establishment of an inter-modal terminal for the distribution of local produce will support the retention and potential expansion of agricultural activities in the locality. With respect to Objective (b), the rail siding is a non-rural use that benefits the district by providing an important inter-modal road-rail facility that will be available for the transportation of grain produced in the region. The facility will therefore provide an economic benefit to the community. The facility will also be available for parking of trains (rolling stock) in a location removed from established homes in Morawa to the south, thereby reducing any adverse impacts such as noise. Further, the use of the land as a rail siding was assessed by the EPA, pursuant to the EP Act, which concluded the facility was capable of operating without any significant adverse impact on the environment.

The Application is therefore consistent with the relevant Objectives of the Rural zone under LPS2. Land Use Permissibility Clause 3.2 of LPS2 set out the permissibility of land uses in each of the various zones of the Scheme, while Appendix 1 of LPS2 contains definitions for various land uses. Sub-Clause 3.2.4 states:

3.2.4 Where in the Zoning Table a particular use is mentioned it is deemed to be excluded from any

other use class which by its more general terms might otherwise include such particular use.

Page 66 of 147


Page 5

In determining the permissibility of the use, it is necessary to consider each of the relevant use classes identified in the Zoning Table and how each of those uses are defined in Appendix 1 of LPS2. In this instance, it is not considered the proposed facility falls within the definition of any of the use classes mentioned in the Zoning Table. With respect to the use classes of ‘General Industry’, ‘Light Industry’ and ‘Rural Industry’, it is necessary for the proposed use to satisfy the definition of ‘Industry’, as it appears in LPS2. However, the proposed use does not involve any of the industrial processes described in that definition, hence the use cannot be deemed to fall within any of the industrial use classes that appear in the Zoning Table. Likewise, the proposed use cannot be classed as a ‘Transport Depot’, as the definition of that term in LPS2 refers solely to ‘motor vehicles’, which are typically limited to road vehicles. The use of ‘Storage Yard’ is defined in LPS2 as:

Means any land used for the storage of goods.

It is considered that the stockpiling of commodities such as grains and minerals, and the subsequent transportation of those commodities, together with the lay-down and transfer of general goods and equipment, falls within the definition of ‘Storage Yard.’ The means by which those commodities, goods and equipment are transported to and from the site, and the temporary parking of transportation vehicles at the site, is considered to be an incidental activity that does not change the predominant use of the land as a storage facility. It could also be argued that the parking of trains at the site is in itself an activity that resembles the ‘storage of goods.’ Accordingly, it is considered the use proposed by the Application most closely resembles a ‘Storage Yard.’ The use of ‘Storage Yard’ does not appear in the Zoning Table of LPS2, meaning Sub-Clause 3.2.5 of LPS2 applies:

3.2.5 If the use of the land for a particular purpose is not specifically mentioned in the Zoning Table

and cannot reasonably be determined as falling within the interpretation of one of the use

categories the Council may:

(a) determine that the use is consistent with the objectives and purposes of the particular

zone and is therefore permitted; or

(b) determine that the proposed use may be consistent with the objectives and purpose of

the zone and thereafter follow the 'SA' procedures of Clause 6.3 in considering an

application for planning approval; or

(c) determine that the use is not consistent with the objectives and purposes of the

particular zone and is therefore not permitted.

For the reasons described above, the proposed use is consistent with Objectives (a) and (b) of the ‘Rural’ zone under LPS2, and accordingly is therefore considered to be a permitted use pursuant to item (a) of Sub-Clause 3.2.5 of LPS2.

Page 67 of 147


Page 6

3.1.2 Local Planning Policies The Council has adopted a series of Local Planning Policies to guide its consideration of Applications for Development Approval under LPS2. The majority of policies relate to development and townscape enhancement within the Morawa townsite. None of the Local Planning Policies are directly relevant to the consideration of this Application. Of some indirect relevance is the Local Planning Policy dealing with the ‘Retention of Remnant Native Vegetation’, the Objective of which is to “retain and protect

native vegetation within Morawa townsite by prohibiting any unnecessary clearing.” Local Planning Policy ‘New Development on Town Entries and Main streets’ also applies to Morawa townsite, including the Mullewa – Wubin Road entry into the town. The Objective of this policy is “to ensure

that the town entries and the main streets that pass through the town are improved and maintained to

the highest visual standards.” The Application does not propose any works and all existing native remnant vegetation on the site will be retained in order to screen the existing infrastructure and maintain the rural character of the locality. Specifically, the existing vegetation and landscaped bund along the western side of the site will ensure that the Mullewa – Wubin Road entry into Morawa will remain of a high visual standard, with the siding screened from view. 3.1.3 Shire of Morawa Local Planning Strategy The Shire has prepared a Local Planning Strategy (‘Strategy’) to guide the long term planning and development of the Shire over the next 10 to 15 years. The Strategy, dated February 2016, is a precursor to the preparation of a new Local Planning Scheme to replace LPS2. Strategy Vision The Strategy recommendations are based on the following aspirational Vision for the Shire;

Our vision is for Morawa to become the future regional sub-centre of the North Midlands, the primary

industry hub of the sub-region and a centre of excellence in research, education and training. Aspirational Goals and Project Objectives To achieve the Vision, the Strategy identifies a series of Aspirational Goals and Project Objectives. The table below identifies the goals and objectives considered most relevant to this Application. Aspirational Goal Project Objectives

Economy

A robust and innovative economy with a range of local employment opportunities

EC1 Increase range and diversity of local businesses and industry

EC2 Increase local business investment

EC4 Promote agriculture within the region

Built Form & Infrastructure

Morawa is a comfortable and welcoming place to live, work and visit

B4 Provide an integrated, safe and efficient intermodal transport network

B5 Provide necessary transport networks that connect to the regional centre and surrounding communities

B7 Ensure that necessary residential, commercial and industrial zoned land is available

Page 68 of 147


Page 7

Strategic Plan The Strategic Plan elaborates on the key considerations for the various Aspirational Goals and Project Objectives. With respect to the economy, the Strategy suggests that economic development initiatives should focus on knowledge intensive or export orientated industries, such as those which service the agriculture and mining sectors. In relation to infrastructure, the Strategy notes the benefits of the recently constructed parallel road freight route in Morawa, adjacent to Winfield Street, to separate freight and local traffic and enhance the safety and amenity of the town. With respect to rail freight infrastructure, the Strategy notes the existing railway line is used for both grain and, more increasingly, iron ore transport, with the implications for the future planning of Morawa being:

1. The freight rail line runs through the heart of Morawa which creates a physical barrier

between the eastern and western areas of the townsite.

2. It is not expected that rail freight will significantly increase through the townsite, with the

construction of more direct rail lines north of the townsite that link mining activity with the

port of Geraldton.

3. Should rail freight increase with new mining activity then consideration will need to be given

to a new rail link south of Morawa that does not go through the townsite.

Strategies and Actions The Strategy includes a series of specific Strategies and Actions that provide further direction for achieving the Project Objectives, including the promotion of sustainable mineral resource extraction, recognition of the importance of agriculture, and support for additional industrial land to the north of the townsite. The Strategy also identifies a need for the Shire to formalise its position on the future use of the freight rail line, to assist with the planning of the State rail network. Spatial Growth Plan The Strategy’s Spatial Growth Plan sets out a preferred pattern of land use and development to accommodate future growth in Morawa, consistent with the desired Vision, Aspirational Goals, Project Objectives, Strategies and Actions. The Spatial Growth Plan promotes the consolidation of industrial activity within Morawa and recommends that industrial growth be accommodated at the northern end of the town. Accordingly, the Spatial Growth Plan proposes a new light industrial area on a site of approximately 40 hectares on land bound by the airport, golf course, railway line and Morawa – Yalgoo Road. This land is located immediately to the south of Tilley Siding. In the longer term, an industrial expansion area is proposed to the north of Morawa – Yalgoo Road on the same site as this Application, abutting the east boundary of Tilley Siding. Refer Attachment 7 – Local Planning Strategy Map

Page 69 of 147


Page 8

The Application will enable Brookfield Rail to operate Tilley Siding beyond 2018 as an inter-modal transport facility in coordination with the freight rail network. The facility will be available for the transportation of mineral resources and agricultural produce from the region, thereby playing an important role in supporting the two main sectors of Morawa’s economy. Further, the on-going use of the land as a rail siding is compatible with the industrial uses contemplated for the abutting land to the south and west, and will be a catalyst for establishing a strategic transport and industrial hub in Morawa to service the wider Mid West region. Trucks will utilise the recently constructed parallel freight road through Morawa, should access to the site from the south be required. However, it is anticipated that trucks will predominantly access the site from the east and west via Morawa-Yalgoo Road. For these reasons, it is considered the Application is consistent with the Vision, Goals and Objectives of the Shire’s Strategy. 3.2 Regional Planning Considerations 3.2.1 State Planning Policy 2.5 - Land Use Planning in Rural Areas State Planning Policy 2.5 - Land Use Planning in Rural Areas (‘SPP2.5’) applies to rural land throughout Western Australia, including land zoned for rural or agricultural purposes. SPP2.5 aims to support rural land uses to cater for both anticipated and unexpected future needs. To achieve this, SPP2.5 is underpinned by the following Objectives:

1) To protect rural land from incompatible uses by:

i) requiring comprehensive planning for rural areas;

ii) making land use decisions for rural land that support existing and future primary

production and protection of priority agricultural land, particularly for the production of

food; and

iii) providing investment security for the existing and future primary production sector.

2) To promote regional development through provision of ongoing economic opportunities on

rural land;

3) To promote sustainable settlement in, and adjacent to, existing urban areas;

4) To protect and improve environmental and landscape assets; and

5) To minimise land use conflicts.

SPP2.5 contains a series of policy measures to achieve the above Objectives. The policy measures considered relevant to the Application include: Protection of rural land; Regional variation, economic opportunities and regional development; Other policy measures to support economic development; and Avoiding land use conflicts. The table below lists each of the relevant policy measures of SPP2.5 and how the proposed subdivision responds to those measures.

Page 70 of 147


Page 9

SPP2.5 Policy Measure Response

5.1 Protection of Rural Land

The Application seeks approval to continue an existing land use that will support the surrounding rural area by providing a rail facility for the transportation of produce and other commodities.

The existing rail facility occupies just 7% of the entire land holding. The remaining 93% (300 hectares) will continue to be used for cropping purposes.

The railway siding will be owned and operated by Brookfield Rail as an integral component of the freight rail network that it operates on behalf of the State. Accordingly, the railway siding is effectively a public purpose that is ancillary to the predominant agricultural uses in the district.

5.3 Regional Variation, Economic Opportunities and Regional Development

The rail siding will be available for the transportation of grain produced in the surrounding region. The siding will provide an economic opportunity for the surrounding rural community, contributing to the growth and development of the region.

5.5 Other Policy Measures to Support Economic Development

The Application will enable Brookfield Rail to operate Tilley Siding as part of an improved rail freight network servicing agricultural producers in close proximity to the site. The operation of Tilley Siding as an inter-modal facility available for a range of purposes will contribute to the economic diversification of the region.

5.8 Avoiding Land Use Conflicts

The existing rail siding has approval to be used for stockpiling iron ore.

Prior to construction, SMCL referred the proposed rail siding to the EPA for assessment under the EP Act, which found the facility was capable of being operated in a way that did not adversely affect the amenity and environment of the area, subject to implementation of SMCL’s noise and dust management plans. Brookfield Rail will operate the siding in accordance with similar management plans, as discussed below.

In addition to stockpiling iron ore, this Application seeks approval for the stockpiling of other commodities such as grains and potentially other minerals, the transportation of those commodities, parking of trains and the lay-down of goods and equipment.

None of the potential uses will give rise to any land use conflicts, and none of these activities are likely to have any greater impact on the amenity of the locality than the current approved use. Further discussion of relevant environmental considerations is provided below.

The continued use of the existing infrastructure as an integral component of the existing freight rail network is not therefore considered to conflict with surrounding rural land uses.

In light of the above, it is considered the Application satisfies the Policy Measures, and therefore the Objectives, of SPP2.5. 3.2.2 State Planning Policy 3.7 – Planning in Bushfire Prone Areas State Planning Policy 3.7 – Planning in Bushfire Prone Areas (‘SPP3.7’) was gazetted on 7 December 2015 and applies to land located in a Bushfire Prone Area. Bushfire Prone Areas are identified by reference to the Department of Fire and Emergency Services’ (‘DFES’) ‘Map of Bush Fire Prone Areas’. DFES Mapping confirms the western portion of the subject site, abutting the existing railway line, is located within a Bushfire Prone Area. Refer Attachment 8 – Map of Bushfire Prone Area.

Page 71 of 147


Page 10

Policy Measure 6.2 of SPP3.7 states:

a) Strategic planning proposals, subdivision and development applications within designated

bushfire prone areas relating to land that has or will have a Bushfire Hazard Level (BHL)

above low and/or where a Bushfire Attack Level (BAL) rating above BAL-LOW apply, are to

comply with these policy measures.

b) Any strategic planning proposal, subdivision or development application in an area to which

policy measure 6.2 a) applies, that has or will, on completion, have a moderate BHL and/or

where BAL-12.5 to BAL-29 applies, may be considered for approval where it can be

undertaken in accordance with policy measures 6.3, 6.4 or 6.5.

c) This policy also applies where an area is not yet designated as a bushfire prone area but is

proposed to be developed in a way that introduces a bushfire hazard, as outlined in the

Guidelines [for Planning in Bushfire Prone Areas].

Policy Measure 6.5 describes the information required to accompany development applications:

Any development application to which policy measure 6.2 applies is to be accompanied by the

following information in accordance with the Guidelines:

a) (i) a BAL assessment. BAL assessments should be prepared by an accredited Level 1

BAL Assessor or a Bushfire Planning Practitioner unless otherwise exempted in the Guidelines; or

(ii) a BAL Contour Map that has been for an approved subdivision clearly showing the

indicative acceptable BAL rating across the subject site, in accordance with the Guidelines. BAL Contour Maps should be prepared by an accredited Bushfire Planning Practitioner;

b) the identification of any bushfire hazard issues arising from the BAL Contour Map or the

BAL assessment; and c) an assessment against the bushfire protection criteria requirements contained within the

Guidelines demonstrating compliance within the boundary of the development site.

This information can be provided in the form of a Bushfire Management Plan or an amended Bushfire

Management Plan where one has been previously endorsed.

Provision 6.6 of SPP3.7 indicates that development proposals for high risk land uses in areas between BAL-12.5 to BAL-29 are required to be accompanied by a Bushfire Management Plan that is jointly endorsed by the Local Authority and DFES, together with an emergency evacuation plan and / or risk management plan for any flammable on-site hazards. The use of the site as a railway siding constitutes a high risk land use, as defined in the Guidelines accompanying SPP3.7:

High-risk land uses may include, but are not limited to: service stations, landfill sites, bulk storage

of hazardous materials, fuel depots and certain heavy industries as well as military bases, power

generating land uses, saw-mills, highways and railways, among other uses meeting the definition.

The Application has been reviewed by Strategen’s certified bushfire practitioners. In their opinion, given the Application relates to the use of an existing railway siding, the proposal ought not to be classified as a high-risk land use. Accordingly, Strategen conclude the preparation of a Bushfire Management Plan is not required. Refer Attachment 9 – Letter from Certified Bushfire Practitioner.

Page 72 of 147


Page 11

3.2.3 State Planning Policy 4.1 – State Industrial Buffer Policy The Objectives of State Planning Policy 4.1 - State Industrial Buffer Policy (‘SPP4.1’) are:

(1) To provide a consistent Statewide approach for the definition and securing of buffer areas

around industry, infrastructure and some special uses;

(2) To protect industry, infrastructure and special uses from the encroachment of incompatible

land uses;

(3) To provide for the safety and amenity of land uses surrounding industry, infrastructure and

special uses;

(4) To recognise the interests of existing landowners within buffer areas who may be affected

by residual emissions and risks, as well as the interests, needs and economic benefits of

existing industry and infrastructure which may be affected by encroaching incompatible land

uses.

To achieve these objectives, SPP4.1 provides guidance for the definition and establishment of buffer areas around industry and major infrastructure, with the size of the buffer depending on site specific conditions and the adoption of appropriate management practices to mitigate any off-site impacts. In the absence of a specific buffer definition study, SPP4.1 reverts to the generic buffer distances recommended in the EPA’s ‘Guidance Statement No.3 – Separation Distances between Industrial and Sensitive Land Uses’ published June 2005 (‘Guidance Statement’). Appendix 1 of the Guidance Statement lists a broad range of industrial land use activities, the potential types of impacts, and a minimum recommended buffer distance for each. Whilst the Guidance Statement does not specifically include a generic buffer for freight rail sidings and associated infrastructure, a number of the activities listed in Appendix 1 are similar to those which may occur at the site. These are shown in the table below, along with the potential impact types and recommended buffer distance. Activity Description Impacts Recommended

Buffer Distance (metres) Gas Noise Dust Odour Risk

Bulk material loading or unloading

Clinker, coal, ore, ore concentrate or any other bulk granular material is loaded or unloaded from vessels

1000 to 2000

Grain elevator Grain transfer using conveyor belts 500

Transport vehicles depot

Buses, trucks and other heavy vehicles depot 200

NOTE: The uses described above do not necessarily indicate the precise activities to be undertaken at the site but are intended to represent similar types of uses to those proposed by the Application (i.e. stockpiling and transport), for the purpose of demonstrating the minimum buffer distances recommended in the Guidance Statement.

Page 73 of 147


Page 12

As evident, the generic buffer distances recommended in the Guidance Statement range from 200 metres for transport depots, 300 to 500 metres for grain handling, and 1,000 to 2,000 metres for the loading of bulk materials such as iron ore onto vessels. Attachment 10 shows the various buffer distances around the existing rail siding facility, together with the location of existing sensitive land uses. The term ‘sensitive land use’ is defined in the Guidance Statement as follows:

Sensitive land use – land use sensitive to emissions from industry and infrastructure. Sensitive land

uses include residential development, hospitals, hotels, motels, hostels, caravan parks, schools,

nursing homes, child care facilities, shopping centres, playgrounds and some public buildings. Some

commercial, institutional and industrial land uses which require high levels of amenity or are sensitive

to particular emissions may also be considered “sensitive land uses”. Examples include some retail

outlets, offices and training centres, and some types of storage and manufacturing.

The nearest sensitive land uses to the subject site are as follows: An existing farm house located approximately 500 metres to the west (‘House 1’); An existing farm house located approximately 2.2 kilometres to the north-west (‘House 2’); and Existing dwellings located approximately 2 kilometres to the south (‘Morawa Townsite’). With respect to the use of the facility as a transport depot, there are no sensitive land uses within 200 metres of the site. Similarly, should the site be used for grain handling, there are no sensitive land uses within 300 to 500 metres, with the exception of ‘House 1’ which is approximately 500 metres to the west. With respect to the use of the site for stockpiling iron ore (the current approved use), the proposed rail siding is of a much smaller scale than a port designed for loading of bulk materials onto vessels, hence the lower end of the buffer range of 1,000 to 2,000 metres is considered to represent a more suitable generic buffer distance. On this basis, with the exception of ‘House 1’, there are no sensitive land uses within 1 kilometre of the site, while ‘House 2’ is located 2.2 kilometres to the west. A small number of existing dwellings within Morawa Townsite, generally in the vicinity of White Avenue and Evans Street, are within 2 kilometres of the southern end of the existing rail siding facility. Despite the generic buffer distances recommended in the Guidance Statement, SMCL referred its Tilley Siding proposal to the EPA for assessment under the EP Act. This included an assessment of the potential noise and dust impacts of the rail siding on the nearest sensitive land uses. The proposal was supported by specialist environmental studies, including dust and acoustic modelling, and operational dust and noise management plans. The EPA’s findings are discussed below. A copy of the EPA’s Report and Recommendation can be found in Attachment 11, while the EPA’s decision issued on behalf of the Minister for the Environment is provided in Attachment 12. Dust Impacts The EPA concluded the facility would not have any adverse impacts as a result of dust, provided the facility operated in accordance with the proponent’s Dust Management Plan. The EPA’s report states:

The EPA considers that, whilst dust related health impacts are not likely even at the nearest

residence, without careful fugitive dust management potential loss of amenity due to short term

dust events could be significant…

Page 74 of 147


Page 13

The proponent has provided the EPA with a letter stating that it has successfully completed

negotiations to purchase the nearby farm and has agreed that the nearest residence on the farm

will be kept vacant for the life of the project. This means that the nearest receptor will now be

about 2 kilometres away at the town of Morawa. The EPA considers that purchase of the

neighbouring farm removes the major difficulty for the dust issue, but considers effective dust

management will still be required to avoid loss of amenity at Morawa…

The EPA considers that implementation of the proponent’s Dust Management Plan would be

effective in preventing loss of amenity at Morawa and therefore the EPA’s objective for the

environmental factor of dust could be met.

Noise

The EPA reached similar conclusions with respect to noise, finding the proposed facility, if operated in accordance with the proponent’s Noise Management Plan, could comply with the requirements of the Environmental Protection (Noise) Regulations, except at the nearest residence (‘House 1’).

The EPA report states:

… the proponent has come to an agreement with the landowner to purchase the farm and has

provided the EPA with a letter stating that the agreement has been finalised and that the nearest

residence on the property will be kept vacant for the life of the project. There is a second residence

on this property (located about 2 kilometres from the proposal site) that the proponent would like to

use as a caretaker’s residence. This would only occur if the noise regulations can be satisfied at

that location.

Although the predicted noise levels in Morawa were not discussed in the proponent’s report, DEC

advised the EPA that, with good noise management, the noise levels could be expected to meet

the noise regulations. This advice only applied to normal day time operation and operation at night

that excluded loading operations. The night-time loading restriction precaution took into account

the stricter night-time (7 pm to 7 am) noise criteria under the noise regulations.

The proponent’s Noise Management Plan specifies that night-time loading operations will not

include loading operations until such time as noise monitoring has confirmed that night-time

loading could be carried out without breaching the noise regulations.

The EPA expects the proponent to ensure that the proposal complies with the noise regulations

and considers that, provided the proponent’s Noise Management Plan is implemented, the

proposal can be managed to meet the EPA’s objectives for environmental factor of noise.

In light of the EPA’s findings, the Minister for the Environment published Statement No.758 in January 2008 (amended February 2008), confirming the proposal may be implemented under the EP Act, subject to implementation of the proponent’s Noise and Dust Management Plans. Refer Attachment 13 - Noise and Dust Management Plans. It is acknowledged the approval of Tilley Siding under the EP Act was granted specifically to SMCL for the purpose of stockpiling iron ore, and relied upon SMCL purchasing the land to the west so that the nearest residence (‘House 1’) would remain vacant for the life of the project. Therefore, to enable Brookfield Rail to take over the operation of the rail siding for the purposes described in this Application, and to ensure compliance with the requirements of the EP Act, a number of matters need to be resolved prior to commencement, as discussed below.

Page 75 of 147


Page 14

Change of Proponent Pursuant to Condition 2 of Statement No.758, and in accordance with Section 36 (6a) of the EP Act, an application to the EPA will be made by Brookfield Rail, in conjunction with SMCL, to change the proponent responsible for the proposal. This application will be submitted to the EPA prior to commencement of this Application. Upon transfer, Brookfield Rail will be responsible for operating the facility in accordance with the conditions of Statement No.758, including the requirements of the Noise and Dust Management Plans. All site users will be required to adhere to these requirements, in accordance with the terms of any site access agreement entered into with Brookfield Rail. Other Activities The current approval under the EP Act relates specifically to the stockpiling of iron ore, together with incidental operational activities such as truck movements, loading operations and train parking. This Application, however, seeks approval to use the siding for a broader range of purposes than current allowed, including stockpiling of commodities such as grains and other minerals. None of these other activities were assessed under the EP Act when SMCL referred its Tilley Siding proposal to the EPA. Notwithstanding, given the generic buffer distances recommended in the Guidance Statement, it is not anticipated the other activities that potentially may occur at the site will generate any greater environmental impacts than those already assessed in relation to the stockpiling of iron ore. For example, activities such as grain storage and transfer, train parking, and the lay-down of goods and equipment, are unlikely to generate impacts greater than those associated with iron ore stockpiling or which have not already been assessed by the EPA in its consideration of SMCL’s proposal. One possible exception to this relates to the impacts associated with stockpiling and loading other (yet to be defined) minerals that might be mined in the region in the future. In this regard, even if this Application receives Development Approval, it will be necessary for each mining activity to be referred to the EPA for assessment under the EP Act, including assessment of any impacts associated with the stockpiling, loading and transportation of minerals off-site, after mining has occurred. Each future activity will therefore be assessed under the EP Act on its merits, and all site users will be required to demonstrate that all necessary environmental approvals have been obtained, in accordance with the terms of any site access agreement entered into with Brookfield Rail. Existing Residence to the West The Minister for the Environment’s decision relied upon the proponent, SMCL, acquiring the abutting land so that the nearest residence (‘House 1’) would remain vacant for the life of the project, thereby mitigating any potential adverse impacts related to excessive dust and noise. Brookfield Rail and SMCL have agreed the in-principle terms for a contract relating to the nearby residence, whereby Brookfield Rail (as owner of the rail siding) will have the right to demolish the house at its cost, provided Brookfield Rail gives the abutting landowner (currently SMCL) six months prior notice. It is envisaged that the agreement will be registered on the respective Certificates of Title and enable Brookfield Rail (or its contractors) to enter onto the land to undertake the required demolition works, prior to commencement of this Application.

Page 76 of 147


Page 15

Access to Groundwater for Dust Suppression SMCL’s Dust Management Plan recommended that dust suppression measures be implemented, as required, to mitigate any adverse impacts associated with excessive dust generated by stockpiles, loading / unloading activities, and truck movements. To undertake dust suppression, SMCL is able to access groundwater from a nearby drawpoint, pursuant to Groundwater Licence 159255, issued under the Rights to Water and Irrigation Act. This Groundwater Licence also enables SMCL to access groundwater for its mine site further to the east. It is proposed to transfer the portion of the licence relating to the rail siding from SMCL to Brookfield Rail, prior to commencement of this Application. In light of the above, it is considered this Application is capable of being implemented without any significant impact on the amenity and environment of the area, and that a sufficient buffer separation distance will be provided between the subject site and sensitive land uses. For these reasons, the Application satisfies the requirements of SPP4.1. 3.3 ECONOMIC CONSIDERATIONS Morawa is an important strategic centre in the Mid West region of Western Australia, and is set to play a pivotal role in the economic development of the region. In 2011, the State Government, through its ‘Royalties for Regions’ program, invested $85 million to establish the Regional Centres Development Plan. The purpose of the plan was to identify nine ‘Super Towns’ where, due to their strategic location, significant regional population growth could be accommodated. Morawa was one of nine ‘Super Towns’ selected under the program to receive ‘Royalties for Regions’ funding, resulting in the implementation of a $3 million townsite revitalisation program and $0.5 million feasibility study for a solar thermal power station. In addition, Brookfield Rail recently completed the Mid West Rail Upgrade Project, which transformed more than 184 kilometres of the rail network between Morawa and Geraldton, including the existing railway line into which Tilley Siding is connected. The rail upgrade is a ‘flagship priority project’ in the State Government’s Mid West Regional Infrastructure Priorities Project 2010 Workshop Paper (November 2011). The importance of an effective freight rail network is recognised in the Department of Transport’s ‘Western Australian Regional Freight Transport Network Plan’:

The State’s rail network will play an increasingly important role in the movement of the freight task

in the southern regions of Western Australia in the future. To meet potential demand, Brookfield

Rail will need to invest substantial capital in order to create the required capacity in the rail

network.

In the Mid West, Brookfield Rail expects freight growth to increase exponentially to 2030, with

much of the growth — and investment in additional capacity — likely to be concentrated on the

Morawa-Mullewa-Narngulu-Geraldton arc.

Page 77 of 147


Page 16

The Regional Freight Transport Network Plan promotes the upgrade of the freight rail network to support the Mid West region’s grain and resource industries, and recognises the pivotal role of Brookfield Rail in developing rail infrastructure:

Looking to the future, there will be increasing pressure on transport networks as the freight task

continues to grow within and between the State’s regions. In this context, rail is an essential

transport mode, given community expectations regarding the provision of freight transport that

balances economic objectives with issues of sustainability and safety. The Government will

continue its commitment to maintaining a strong regional rail network and consider necessary long-term development needs on a case‑by‑case basis.

Ultimately however, the Government recognises that Brookfield Rail has the financial capacity and

expertise to facilitate the development of rail infrastructure and that many of the projects

incorporated into Brookfield Rail’s network planning framework will be funded through commercial

arrangements with industry and rail users. Private-sector investment in rail will require

consideration of required commercial returns and the mitigation of risk associated with the

significant capital investments involved.

This Application will enable Brookfield Rail to own and operate Tilley Siding as part of its freight network servicing the Mid West region. It will provide an opportunity to establish a significant inter-modal road-rail transport hub servicing Morawa and surrounding districts, and act as a catalyst for industrial development in the longer term. The Application therefore has the potential to support the local economy and generate employment opportunities within Morawa. 4.0 CONCLUSION This Application seeks approval for the continued use of an existing rail siding (Tilley Siding’) situated at Lot 502 Morawa-Yalgoo Road, located approximately 2 kilometres north of Morawa. The Minister for Planning approved the rail siding in 2008, for the purpose of stockpiling iron ore, with the use of the siding limited to a maximum period of ten years (expiring February 2018). This Application proposes that the siding be used for a range of purposes, including the stockpiling of commodities such as grains and minerals, the transfer of those commodities from road to rail, train parking, and the lay-down of goods and equipment. The Application does not propose any construction works but simply seeks approval to use the existing infrastructure for a broader range of purposes than presently allowed for under the current approval, and for the siding to be utilised beyond February 2018. The Application is submitted on behalf of Brookfield Rail, which operates the abutting freight railway line and wishes to acquire and operate Tilley Siding for the purpose of establishing an inter-modal rail-road transport facility at Morawa, to enhance the quality and standard of the network servicing the wider Mid West region. Brookfield Rail operates the freight network on behalf of the State Government and the siding presents an opportunity to shift a greater amount of freight transport from road to rail.

Page 78 of 147

Ref: 110224 Febru

The on-projects InfrastruFreight T The conabuttingindustriagenerate The Apphave an There arlocated contractparticulaexcessiv The existhe purpoperate is being Applicatensure w Brookfieby the Managehave anapprova In light oproper pLocal Pl Please d Yours siAPP CO

Alan StePrincipa

22 ary 2017

-going improundertaken

ucture PrioritTransport Ne

ntinued use o land, pursu

al developmee employmen

plication is cy significant

re no sensiti500 metres

t with the abar activities ave noise or d

sting siding hpose of stock

in accordanmade to the

tion is also bwater is avai

eld Rail will bterms of th

ement Plans.n environmeal, will require

of the aboveplanning of tanning Sche

do not hesita

incerely, ORPORATIO

ewart al Planner

vement of thn by the Sties Project’ etwork Plan’.

of the site auant to the Sent, will supnt opportunit

consistent wadverse imp

ve land usesto the west

utting ownerat the siding

dust.

has receivedkpiling and loce with the oe EPA to trabeing made lable should

be responsiblhe original Any specif

ental impacte referral to t

e, it is considhe locality, a

eme No.2.

ate to contact

ON PTY LTD

he freight raState Gove

and the D

as a rail sidinShire’s Local port the agrties in Moraw

ith all relevapact on the a

s within closet. In this rers to enable g are likely t

d environmeoading iron ooriginal prop

ansfer responto transfer tany activitie

e for the opeenvironmentfic activities , and whichhe EPA for a

dered the Apand ought to

t the undersi

ail network inernment, incepartment o

ng is compa Planning Stricultural andwa.

ant town plaamenity and e

e proximity tegard, Brook

Brookfield Rto pose an u

ntal approvaore. The envponent’s Noisnsibility for ththe groundw

es require du

eration of thetal approvalproposed to h are beyonassessment.

pplication is o be approve

igned should

n the region cluding the of Transport

atible with thetrategy. Thed resource s

nning considenvironment

o the site, wkfield Rail haRail to demolunacceptable

al under the vironmental se and Dust he environm

water extractst suppressio

e facility and , including be undertak

nd the scop

consistent wed by the Sh

d any further

is a key priWAPC’s ‘M

’s ‘Western

e industrial ue siding will sectors, and

derations anof the localit

ith the excepas agreed inish the dwel

e risk to res

Environmenapproval reqManagemenental approvion licence ton measures

will require athe approve

ken at the sitpe of the cu

with the amehire pursuant

information b

iority of manMid West Australian

uses planneact as a cahas the po

nd is not expty.

ption of a farn-principle telling in the e

sidents as a

ntal Protectioquires that thnt Plans. Apval to Brookfto Brookfields to be carrie

all site usersed Noise ate which areurrent enviro

enity and ordt to the prov

be required.

Page 17

ny recent Regional Regional

ed for the atalyst for tential to

pected to

rm house rms of a

event any result of

on Act for he facility pplication field Rail. d Rail, to ed out.

s to abide and Dust e likely to onmental

derly and visions of

Page 79 of 147


Page 18

ATTACHMENT 1 Regional Location

Page 80 of 147

ATTACHMENT 1Regional Location

Subject Site

Source of Base Plan: Mid West Infrastructure Analysis

Page 81 of 147


Page 19

ATTACHMENT 2 Local Location

Page 82 of 147

ATTACHMENT 2Local Location

Subject Site

Source of Base Plan: Near Maps

Page 83 of 147


Page 20

ATTACHMENT 3 Certificate of Title

Page 84 of 147

LANDGATE COPY OF ORIGINAL NOT TO SCALE

www.landgate.wa.gov.au

JOB 51794022Thu Aug 25 16:24:48 2016Page 85 of 147


Page 21

ATTACHMENT 4 Subdivision Plan and WAPC Approval

Page 86 of 147

ATTACHMENT 4Proposed Subdivision Plan

Source of Base Plan: Landgate

Subject Site(Proposed ‘Lot 2’)

Page 87 of 147

140 William Street, Perth, Western Australia 6000, Locked Bag 2506 Perth, 6001 Tel: (08) 6551 9000; Fax: (08) 6551 9001; Infoline: 1800 626 477

e-mail: [email protected]; web address http://www. planning.wa.gov.au ABN 35 482 341 493

Your Ref : Enquiries : Emily Burton (Ph 6551 9899)

APP Corporation Pty Ltd Po Box 3016 EAST PERTH WA 6892

Approval Freehold (Green Title) Subdivision

Application No : 154502 Planning and Development Act 2005 Applicant : APP Corporation Pty Ltd Po Box 3016 EAST PERTH WA 6892

Owner : Colin Walter Malcolm & Carolyn Judith Malcolm Po Box 129 MORAWA WA 6623

Application Receipt : 15 November 2016

Lot Number : 502

Diagram / Plan : Deposited Plan 73471

Location : -

C/T Volume/Folio : 2794/114

Street Address : Morawa-Yalgoo Road, Morawa

Local Government : Shire of Morawa

The Western Australian Planning Commission has considered the application referred to and is prepared to endorse a deposited plan in accordance with the plan date-stamped 15 November 2016. This decision is valid for three years from the date of this notice. The deposited plan must be submitted within the term of the approval, that is by the close of business on 27 January 2020. A request for endorsement of a deposited plan is to be submitted to the WAPC on a Form 1C with appropriate fees. Form 1C and a schedule of fees are available on the WAPC website: http://www.planning.wa.gov.au.

Page 88 of 147

http://www.planning.wa.gov.au/

140 William Street, Perth, Western Australia 6000, Locked Bag 2506 Perth, 6001 Tel: (08) 6551 9000; Fax: (08) 6551 9001; Infoline: 1800 626 477

e-mail: [email protected]; web address http://www. planning.wa.gov.au ABN 35 482 341 493

ADVICE: 1. Proposed Lots 1 and 2 contain land within a Bushfire Prone Area and as such further development may be subject to the requirements of the Western Australian Planning Commission's State Planning Policy 3.7 - Planning in Bushfire Prone Areas. 2. The Department of Parks and Wildlife have provided the following advice; should vegetation clearing occur, proposed Lots 1 and 2;

i. are within a five kilometre radius of populations of Threatened and Priority flora species protected under the Wildlife Conservation Act 1950; and

ii. show records of the Western Spiny-tailed Skink (Egernia stokesii), a species

listed as rare under the Wildlife Conservation Act 1950 and endangered under the Environmental Protection and Biodiversity Conservation Act 1999.

Kerrine Blenkinsop Secretary Western Australian Planning Commission 27 January 2017

Page 89 of 147

of 147


Page 22

ATTACHMENT 5 Proposed Development Plan

Page 91 of 147

ATTACHMENT 5Proposed Development Plan

Page 92 of 147


Page 23

ATTACHMENT 6 LPS Zoning Map

Page 93 of 147

ATTACHMENT 6Local Planning Scheme 2 – Zoning Map

Subject Site

LPS2 Zoning Map ‐Morawa Townsite

Morawa – Yalgoo RoadMullewa –Wubin Road

Page 94 of 147


Page 24

ATTACHMENT 7 Local Planning Strategy Map

Page 95 of 147

ATTACHMENT 7Local Planning Strategy Map

Subject Site

Morawa – Yalgoo Road

Mullewa –Wubin Road

Page 96 of 147


Page 25

ATTACHMENT 8 Map of Bushfire Prone Area

Page 97 of 147

ATTACHMENT 8Map of Bushfire Prone Area

Subject Site

Source of Base Plan: Department of Fire and Emergency Services

Morawa – Yalgoo Road

Page 98 of 147


Page 26

ATTACHMENT 9 Letter from Certified Bushfire Practitioner

Page 99 of 147

Level 1, 50 Subiaco Square Road, Subiaco, WA 6008 P.O. Box 243, Subiaco, WA 6904 Phone: (08) 9380 3100 Fax: (08) 9380 4606

177 Spencer Street, Bunbury, WA 6230 P.O. Box 287, Bunbury, WA 6231 Phone: (08) 9792 4797 Fax: (08) 9792 4708

Email: [email protected] Web: www.strategen.com.au ABN: 32 056 190 419

Alan Stewart Principal Planner APP Corporation Pty Ltd. Level 4, 181 Adelaide Terrace EAST PERTH WA 6004

Your reference: Tilley Siding Bushfire Requirements

Our reference: APP16510.01

Dear Alan

BUSHFIRE REPORTING REQUIREMENTS – TILLEY SIDING, MORAWA

APP Corporation Pty Ltd.(APP), on behalf of their client Brookfield Rail, has submitted a Development Application for a stockpiling and transport facility on an existing railway siding at Lot 502 on Deposited Plan 73471, situated on Morawa-Yalgoo Road, Morawa (the subject site).

The subject site is located approximately 3 km north of Morawa and encompasses 317 ha. The subject site contains two east-west railway lines, both of which feed into an existing north-south railway line which includes an existing railway siding known colloquially as ‘Tilley Siding’. Tilley Siding was constructed in 2008 and was approved for use as an ‘iron ore stockpile loading and transport facility’ by the Minister for Environment as per Ministerial Statement No. 758.

Brookfield Rail was granted subdivision approval on 27 January 2017 (WAPC 154502) to subdivide the subject site into two lots to allow Tilley Siding to be acquired and operated by Brookfield Rail. The submitted Development Application seeks approval to utilise Tilley Siding for a range of purposes, including the stockpiling of commodities such as grains and minerals, the transfer of those commodities from road to rail, train parking and the lay-down of goods and equipment.

An assessment of the documentation required to support the Development Application identified that Tilley Siding is located within a Designated Bushfire Prone Area as per the Department of Fire and Emergency Services (DFES) ‘Map of Bushfire Prone Areas’. Consequently, APP engaged Strategen Environmental (Accredited Bushfire Practitioners) to review the level of reporting that will be required to support the Development Application.

Page 100 of 147

State Planning Policy 3.7 Planning in Bushfire Prone Areas requires Development Applications in bushfire prone areas to comply with Policy Measures 6.2 and 6.5 as outlined below:

6.2 Strategic planning proposals, subdivision and development applications a) Strategic planning proposals, subdivision and development applications within designated bushfire prone areas relating to land that has or will have a Bushfire Hazard Level (BHL) above low and/or where a Bushfire Attack Level (BAL) rating above BAL-LOW apply, are to comply with these policy measures. b) Any strategic planning proposal, subdivision or development application in an area to which policy measure 6.2 a) applies, that has or will, on completion, have a moderate BHL and/or where BAL-12.5 to BAL-29 applies, may be considered for approval where it can be undertaken in accordance with policy measures 6.3, 6.4 or 6.5. c) This policy also applies where an area is not yet designated as a bushfire prone area but is proposed to be developed in a way that introduces a bushfire hazard, as outlined in the Guidelines. 6.5 Information to accompany development applications Any development application to which policy measure 6.2 applies is to be accompanied by the following information in accordance with the Guidelines: a) (i) a BAL assessment. BAL assessments should be prepared by an accredited Level 1 BAL Assessor or a Bushfire Planning Practitioner unless otherwise exempted in the Guidelines; or

(ii) a BAL Contour Map that has been prepared for an approved subdivision clearly showing the indicative acceptable BAL rating across the subject site, in accordance with the Guidelines. BAL Contour Maps should be prepared by an accredited Bushfire Planning Practitioner b) the identification of any bushfire hazard issues arising from the BAL Contour Map or the BAL assessment; and c) as assessment against the bushfire protection criteria requirements contained within the Guidelines demonstrating compliance within the boundary of the development site.

Additionally, SPP 3.7 identifies railways as a potential high risk land use which triggers the requirement for Bushfire Management Plans prepared to support Development Applications to contain an emergency evacuation plan and / or risk management plan and be jointly endorsed by the Local Authority and DFES.

Given the railway is already in place and the Development Application simply deals with a change of use of Tilley Siding however; the proposal is not considered to be a high risk land use.

With regards to the requirement to prepare a Bushfire Management Plan to support the Development Application; Planning Bulletin 111/2016 which was released to provide further clarity regarding the application of SPP 3.7 clearly states that SPP 3.7 will apply to the following proposals:

strategic planning documents and proposals (including local planning strategies, region and local scheme amendments and structure plans)

applications for subdivision, other than amalgamations or boundary realignments that do not result in the intensification of development or result in an increased bushfire risk

development applications for vulnerable and high risk land uses development applications in areas where the BAL rating for the development site cannot

be calculated due to the terrain development applications for habitable buildings.

Page 101 of 147

Additionally, habitable buildings are defined as:

any fully or partially enclosed structure, with at least one wall and a roof made of solid

material, and used by people to:

live (house, apartment or hostel)

work (office, factory or hospital)

study (school, university or library)

socialise or entertain (gym, theatre, restaurant or community facility).

As per the above definitions and exclusion of the proposal as a high risk land use; the proposal to change the use of Tilley Siding to accommodate an additional resource other than iron ore, in Strategen’s opinion will not trigger the application of SPP 3.7 and therefore will not require the preparation of a Bushfire Management Plan to accompany the development application.

We trust this information is sufficient to support the Development Application.

Yours sincerely

Daniel Panickar

SENIOR CONSULTANT LEVEL 2 BUSHFIRE PRACTITIONER (BPAD 37802)

9 February 2017

Roger Banks

PRINCIPAL LEVEL 2 BUSHFIRE PRACTITIONER (BPAD 36857)

9 February 2017

Page 102 of 147


Page 27

ATTACHMENT 10 Buffer Distances and Nearest Sensitive Land Uses

Page 103 of 147

ATTACHMENT 10Buffer Separation Distances

Source of Base Plan: Landgate

Page 104 of 147


Page 28

ATTACHMENT 11 Report and Recommendation of the EPA

Page 105 of 147

Tilley Siding Ore Transport Facility

Midwest Corporation Limited

Report and recommendations of the Environmental Protection Authority

Environmental Protection Authority Perth, Western Australia

Bulletin 1267 October 2007

Page 106 of 147

Environmental Impact Assessment Process Timelines

Date Progress stages Time (weeks)

2/2/07 Referral received

22/10/07 ARI Level of Assessment set and EPA report to the Minister for the Environment

36

Report Released: 22/10/07 Appeals Close: 05/11/07 Assessment No. 1704

Page 107 of 147

Contents Page

1. Introduction and background ....................................................................................1

2. The proposal.................................................................................................................1

3. Consultation .................................................................................................................2

4. Key environmental factors..........................................................................................4

4.1 Dust ......................................................................................................................4

4.2 Noise ....................................................................................................................6

5. Recommended Conditions ..........................................................................................9

6. Other Advice ................................................................................................................9

7. Conclusions...................................................................................................................9

8. Recommendations........................................................................................................9

Tables 1. Summary of key proposal characteristics .....................................................................2 2. Summary of issues raised during stakeholder consultation ..........................................4 3. Predicted ground level PM10 concentrations after dust suppression.............................5 4. Proponent’s predicted noise levels at nearest residences (after noise

management) compared to criteria................................................................................7 Figures 1. Regional location Appendices 1. References 2. Recommended Environmental Conditions

Page 108 of 147

1. Introduction and background This report provides the Environmental Protection Authority’s (EPA’s) advice and recommendations to the Minister for the Environment on the proposal by Midwest Corporation Limited to construct a rail siding (Tilley Siding) 2 kilometres north of Morawa to stockpile and load iron ore for rail transport to Geraldton Port. Section 44 of the Environmental Protection Act 1986 (EP Act) requires the EPA to report to the Minister for the Environment on the outcome of its assessment of a proposal. The report must set out: • The key environmental factors identified in the course of the assessment; and • The EPA’s recommendations as to whether or not the proposal may be implemented, and, if the EPA recommends that implementation be allowed, the conditions and procedures to which implementation should be subject. The EPA may include in the report any other advice and recommendations as it sees fit. The proponent has submitted a referral document setting out the details of the proposal, potential environmental impacts and proposed commitments to manage those impacts. The EPA considers that the proposal, as described, can be managed to meet the EPA’s environmental objectives, subject to the EPA’s recommended conditions being made legally binding. The EPA has therefore determined under Section 40 of the EP Act that the level of assessment for the proposal is Assessment on Referral Information (ARI), and this report provides the EPA advice and recommendations in accordance with Section 44 of the EP Act.

2. The proposal Midwest Corporation Limited proposes to construct and operate a rail siding (Tilley Siding) 2 kilometres north of Morawa on the Morawa Wubin Road adjacent to the existing railway (Figure 1). Tilley Siding would be used to stockpile iron ore which has been transported by truck via the Munkton Road from Koolanooka. Iron ore stockpiled at Tilley Siding would be loaded by two front end loaders onto rail cars for transport to Geraldton Port. The rail siding from turn in to turn out would be 1,610 metres long. Road trains would arrive at Tilley Siding at approximately 30 minute intervals (2 trucks/hour 24 hours a day). Ore would be side tipped onto prepared pads and pushed up by front end loaders to a height of 3 metres. The stockpiles would be the length of the trains to minimise the requirement for shunting during the loading operations. Trains would consist of up to 64 wagons with two 2000HP Westrail Class R or similar operational locomotives.

1 Page 109 of 147

The main characteristics of the proposal are summarised in the table below. Table 1: Summary of key proposal characteristics

Element Description Major project components

Rail siding, stockpiling and loading of iron ore.

Total estimated area of project

A total area of 28 hectares (ha) of which • 27.74 ha is previously cleared

agricultural land; and • 0.26 ha bushland.

Length of turnout 1,610 metres Road train arrivals 2 trucks per hour 24 hours per day Train makeup 64 wagons with two 2000HP (Westrail Class

R) or similar Loading Two frond end loaders Stockpiles Two stockpiles running parallel to the siding. 3

metre high dead stockpile maintained as noise barrier on western side of siding.

Power source Portable power generator Associated infrastructure 1 chemical toilet Waste materials Negligible, will be removed from site. Water requirement (anticipated)

180 kilolitres/day

Water source for dust management

80 megalitres of pit water from Koolanooka mine pit and 120 megalitres of bore entitlement per annum.

Water salinity TDS level between 3000 and 5000 parts per million (ppm)

The potential impacts of the proposal are discussed by the proponent in the referral document (Ecologia, August 2007).

3. Consultation During the preparation of the ARI, the proponent has undertaken consultation with government agencies and key stakeholders. The agencies, groups and organisations consulted, the comments received and the proponent’s response are detailed in the Proponent’s referral document (Ecologia, 2007). A number of environmental issues were raised by the stakeholders during the consultation. Table 2 summarises the main issues raised and details the actions taken by the proponent to address the issues.

2 Page 110 of 147

Figure 1: Regional location

3 Page 111 of 147

Table 2: Summary of issues raised during stakeholder consultation

Issue raised Stakeholder Response Noise, dust and safety concerns.

Nearest residents Midwest offered to purchase property.

Noise and dust. Morawa public meeting (24 attendees)

Midwest developed Dust and Noise Management Plans.

Noise/dust modelling and management.

• Department of Environment and Conservation (DEC)

• Department of Industry and Resources (DoIR)

Dust and Noise modelling and management plans improved as required.

The EPA considers that the consultation process has been appropriate and that reasonable steps have been taken to inform the community and stakeholders on the proposed development.

4. Key environmental factors It is the EPA’s opinion that the following key environmental factors relevant to the proposal require evaluation in this report: (a) Dust (b) Noise The key environmental factors are discussed in Sections 4.1 – 4.2. The description of each factor shows why it is relevant to the proposal and how it will be affected by the proposal. The assessment of each factor is where the EPA decides whether or not a proposal meets the environmental objective set for that factor.

4.1 Dust

Description

Dust may be generated at Tilley Siding from the stockpiles and movement of vehicles and loading operations. The main access road, lay down and loading areas would be unsealed and subject to dust lift off when dry. The nearest neighbour is 500 metres to the west and the Morawa racetrack and northern extent of the town site is approximately 1.5 kilometres to the south. An assessment of the predicted dispersion of dust (SKM 2007) using the AUSPLUME model was carried out to assess the base case assuming dry weather conditions and no dust control measures being undertaken at Tilly Siding. Under these unmanaged conditions it was predicted that the maximum ground level PM10 concentration would exceed the National Environmental Protection Measure (NEPM) 24 hour average concentration standard of 50 micrograms per cubic metre

4 Page 112 of 147

(µg/m3) at the nearest residence. The model predicted that the standard would be exceeded on two days a year. Cumulative frequency analysis indicated that the largest hourly concentration impacting the nearest residence was derived from the unloading of trucks while the most consistent source was the unpaved roads. It is proposed that dust suppression techniques be used and the proponent has prepared a Dust Management Plan (Ecologia, 2007). Using default factors for dust control taken from Department of Environment and Heritage (2001), the dispersion modelling was repeated using the following PM10 emission reductions:

• 30% reduction to truck unloading, rail loading and stockpile and open area wind erosion sources due to the use of windbreaks; and

• 50% reduction to unpaved road emissions due to water spraying. Table 3 shows the predicted ground level PM10 concentrations at the nearest neighbour and race track (northern boundary of Morawa) allowing for these dust reductions. Table 3: Predicted ground level PM10 concentrations after dust suppression Nearest Residence Race Track Criteria (NEPM 24 hr average µg/m3)

50 50

Maximum 43.7 11.7 Average 3.5 1.2 These modelling results do not include dust from other sources. However the NEPM standard allows for five exceedances a year, to take into account dust from natural sources.

Assessment

The EPA’s environmental objective for this factor is to ensure that the dust levels generated by the proposal do not adversely impact upon welfare and amenity or cause health problems by meeting statutory requirements and acceptable standards. The Department of Environment and Conservation (DEC) has advised that modelling of fugitive dust emissions is inherently imprecise due to the large number of variables that can affect emissions. As such, there is considerable uncertainty in the absolute values that are generated by these models and they are therefore best used in a relative sense to compare the effectiveness of alternative dust management scenarios. DEC recommended that an adaptive dust management plan be prepared that includes routine water application, details of monitoring at sensitive receptors, dust management trigger levels, actions and operator responsibilities to ensure that dust levels are maintained at acceptable levels. The proponent’s dust modelling (after allowance for dust management procedures) indicated that that the NEPM 24 hour average particulates concentration standard could be met at all receptors. In considering this finding the EPA took into account:

• the uncertainties associated with the modelling;

5 Page 113 of 147

• that compliance with the NEPM particulates standard is marginal at the nearest neighbour’s residence, but well below the standard at the town of Morawa; and

• that the NEPM standard is more applicable to urban air quality than fugitive dust.

The EPA considers that, whilst dust related health impacts are not likely even at the nearest residence, without careful fugitive dust management potential loss of amenity due to short term dust events could be significant. Use of the proponent’s modelled 24 hour average particulates concentrations is not appropriate for the assessment of loss of amenity. Experience elsewhere has shown that public complaint can occur due to much shorter term dust incidents, even when dust levels are consistently within the NEPM 24 hour particulates standard. The proponent has provided the EPA with a letter stating that it has successfully completed negotiations to purchase the nearby farm and has agreed that the nearest residence on the farm will be kept vacant for the life of the project. This means that the nearest receptor will now be about 2 kilometres away at the town of Morawa. The EPA considers that purchase of the neighbouring farm removes the major difficulty for the dust issue, but considers that effective dust management will still be required to avoid loss of amenity at Morawa. In this regard, the proponent has provided a Dust Management Plan which includes both routine dust control procedures and adaptive response procedures to be applied in the case of unusual dust events. The EPA considers that implementation of the proponent’s Dust Management Plan would be effective in preventing loss of amenity at Morawa and therefore the EPA’s objective for the environmental factor of dust could be met.

Summary

Having particular regard to the: • advice of DEC in regard to the proponent’s dust modelling; • proponent’s agreement with the nearest neighbour to purchase their property and

keep the nearest residence vacant for the life of the project; and • proponent’s Dust Management Plan; it is the EPA’s opinion that the proposal can be managed to meet the EPA’s objective for the environmental factor of dust provided that condition 6, which requires the implementation of the proponent’s Dust Management Plan, is applied to the proposal.

4.2 Noise

Description

Noise at Tilley Siding would be generated by the road trains arriving and dumping iron ore (1 every 30 minutes 24 hours a day), front end loaders handling the ore, and the arrival, idling and loading of trains. There are farm residences 500 metres to the West (House 1) and 2.2 kilometres to the north west (House 2) from the Tilley Siding and the town of Morawa is approximately 2 kilometres to the south.

6 Page 114 of 147

Noise modelling by Vipac Engineers & Scientists Ltd (2006) indicated, that without noise reductions and management, noise levels at House 1 and House 2 could exceed levels assigned in the Environmental Protection (Noise) Regulations 1997 (Noise Regulations). Vipac (2006) made the following observations:

• The front end loaders generate the most noise with reference to the nearby residences and noise emissions could be significantly reduced by fitting silencers.

• More severe noise criteria apply at night (10:00 pm – 7 am Monday to Saturday and 10 pm – 9 am Sundays and public holidays) and arrival, idling and loading of trains could be scheduled to occur only in the day time.

Further noise modelling was carried out which incorporated the proponent’s noise management measures. These include, use of exhaust mufflers on the front end loaders to reduce noise emissions by approximately 10 dB, construction of a 3 metre high noise bund and a time restriction on loading activities to avoid noise issues during the period of lower night-time noise criteria. The noise bund would be the western ore stockpile which would be maintained at 3 m height for the life of the project. The resulting noise predictions are shown in Table 2 and compared with relevant criteria from the Noise Regulations. Table 4: Proponent’s predicted noise levels at nearest residences (after noise management) compared to criteria.

House 1 House 2

7am to 7pm

7pm to 10pm (9am to 7pm Sundays and public holidays)

Night time

7am to 7pm

7pm to 10pm (9am to 7pm Sundays and public holidays)

Night time

Criteria 45 40 35 45 40 35 predicteddB

39.8 39.8 <30 30.9 30.9 <30

Note: 7am -7pm – Included noise from front end loaders, trains and road trains 7pm-10pm or 9am – 7pm Sun and public holidays – Included noise from front end loaders, trains and

road trains Night time – noise from road trains only The proponent is required to use reversing beepers on the front end loaders for safety reasons, but will use broadband beepers. Broadband reversing beepers reduce tonality and have been shown to reduce noise at 500 metres by around 5 dB(A).

7 Page 115 of 147

Assessment

The EPA’s environmental objective for this factor is to protect the amenity of nearby residents from noise impacts resulting from activities associated with the proposal by ensuring that noise levels meet statutory requirements and acceptable standards. DEC has advised that the noise modelling did not include an allowance for tonality and the proponent has responded that it can not guarantee that tonality will not be present. Also, the noise modelling did not consider that road trains entering and leaving the site would not be behind the noise bund for the whole time. The time period of full exposure would be sufficient to result in a breach of the LA10 criterion of the Environmental Protection (Noise) Regulations 1997 at the nearest residence (500 metres). Consequently, the proponent has come to an agreement with the landowner to purchase the farm and has provided the EPA with a letter stating that the agreement has been finalised and that the nearest residence on the property will be kept vacant for the life of the project. There is a second residence on this property (located about 2 kilometres from the proposal site) that the proponent would like to use as a caretaker’s residence. This would only occur if the noise regulations can be satisfied at that location. Although the predicted noise levels in Morawa were not discussed in the proponent’s report, DEC advised the EPA that, with good noise management, the noise levels could be expected to meet the noise regulations. This advice only applied to normal day time operation and operation at night that excluded loading operations. The night-time loading restriction precaution took into account the stricter night-time (7 pm to 7 am) noise criteria under the noise regulations. The proponent’s Noise Management Plan specifies that night-time loading operations will not include loading operations until such time as noise monitoring has confirmed that night-time loading could be carried out without breaching the noise regulations. The EPA expects the proponent to ensure that the proposal complies with the noise regulations and considers that, provided the proponent’s Noise Management Plan is implemented, the proposal can be managed to meet the EPA’s objectives for environmental factor of noise.

Summary

Having particular regard to the: • advice of the Department of Environment and Conservation that the noise

modelling predicts that with proper noise management the proposal could meet the Environmental Protection (Noise) Regulations 1997, except at the nearest residence;

• the proponent’s letter confirming that agreement has been reached to purchase the neighbouring property and vacate the nearest residence for the life of the project; and

• the proponent’s Noise Management Plan, it is the EPA’s opinion that the proposal can be managed to meet the EPA’s environmental objective for the factor of noise, provided that condition 5, which requires the implementation of the proponent’s Noise Management Plan, is implemented.

8 Page 116 of 147

5. Recommended Conditions Having considered the information provided in this report, the EPA has developed a set of conditions that the EPA recommends be imposed if the proposal by Midwest Corporation Limited to construct and operate a rail siding (Tilley Siding) 2 kilometres north of Morawa, on the Morawa Wubin Road adjacent to the existing railway, is approved for implementation. These conditions are presented in Appendix 2.

6. Other Advice The EPA notes that Gindalbie Metals Ltd also has a proposal to construct an iron ore rail loading facility near Morawa. The EPA considers it preferable that Midwest Corporation Limited and Gindalbie Metals Ltd combine their operations at the Tilley Siding if the expanded operation can be demonstrated to meet the EPA’s environmental objectives.

7. Conclusions The EPA has considered the proposal by Midwest Corporation Limited to construct and operate a rail siding (Tilley Siding) 2 kilometres north of Morawa, on the Morawa Wubin Road adjacent to the existing railway. The EPA notes that there is a farm residence 500 metres to the west of the proposed Tilley Siding that would experience increased noise and dust levels due to the proposal. The noise levels at this residence would exceed the levels specified under the Environmental Protection (Noise) Regulations 1997 and there would be amenity issues associated with fugitive dust. However, the proponent has provided the EPA with a letter stating that it has finalised an agreement with the landowner to purchase the farm and that the residence nearest to the proposal site will be kept vacant for the life of the project. The EPA considers that noise and dust issues at the town of Morawa can be managed to meet the EPA’s objectives for these environmental factors, provided the proponent’s Noise and Dust Environmental Management Plans, which are included in the proponent’s ARI report, are implemented. Conditions 5 and 6 would require implementation of these plans. The EPA has therefore concluded that the proposal can be managed to meet the EPA’s environmental objectives, provided there is satisfactory implementation by the proponent of the recommended conditions set out in Appendix 2.

8. Recommendations The EPA submits the following recommendations to the Minister for the Environment: 1. That the Minister notes that the proposal being assessed is for Midwest

Corporation Limited to construct and operate a rail siding (Tilley Siding) 2 kilometres north of Morawa, on the Morawa Wubin Road adjacent to the existing railway;

9 Page 117 of 147

2. That the Minister considers the report on the key environmental factors as set out in Section 3;

3. That the Minister notes that the EPA has concluded that the proposal can be managed to meet the EPA’s environmental objectives, provided there is satisfactory implementation by the proponent of the recommended conditions set out in Appendix 2; and

4. That the Minister imposes the conditions and procedures recommended in Appendix 2 of this report.

10 Page 118 of 147

Appendix 1

References

Page 119 of 147

Ecologia (2007). Midwest Corporation Limited Documentation for Assessment on Referral Information. August 2007. Sinclair Knight Merz (2007). Midwest Corporation Tilley Siding – Tilley Siding Dust Modelling and Impact Assessment. June 2007. Vipac Engineers & Scientists Ltd (2006). Acoustic Assessment Tilley Siding Loading Facility. 11 October 2006. Midwest Corporation Limited (2007) Letter dated 12 October 2007 from the Chief Executive Officer.

Page 120 of 147

Appendix 2

Recommended Environmental Conditions

Page 121 of 147

Statement No.

RECOMMENDED ENVIRONMENTAL CONDITIONS

STATEMENT THAT A PROPOSAL MAY BE IMPLEMENTED (PURSUANT TO THE PROVISIONS OF THE ENVIRONMENTAL PROTECTION ACT 1986

TILLEY SIDING IRON ORE LOADING FACILITY

SHIRE OF MORAWA Proposal: The construction and operation of a rail siding (Tilley Siding) 2

kilometres north of Morawa on the Morawa Wubin Road adjacent to the existing railway. The facility will be used to stockpile iron ore which has been transported by truck from Koolanooka. Iron ore stockpiled at Tilley Siding will be loaded by two front end loaders onto rail cars for transport to Geraldton Port.

Proponent: Midwest Corporation Limited Proponent Address: Suite 2, 32 Kings Park Road, West Perth. Assessment number: 1704 Report of the EPA: Bulletin 1267 The proposal referred to in the above report of the Environmental Protection Authority may be implemented. The implementation of that proposal is subject to the following conditions and procedures: 1 Proposal Implementation 1-1 The proponent shall implement the proposal as documented and described in

schedule 1 of this statement subject to the conditions and procedures of this statement.

2 Proponent Nomination and Contact Details 2-1 The proponent for the time being nominated by the Minister for the Environment

under sections 38(6) or 38(7) of the Environmental Protection Act 1986 is responsible for the implementation of the proposal.

2-2 The proponent shall notify the Chief Executive Officer of the Department of

Environment and Conservation (CEO) of any change of the name and address of the proponent for the serving of a notice or other correspondence within 30 days of such change.

Page 122 of 147

3 Time Limit of Authorisation 3-1 The authorisation to implement the proposal provided for in this statement shall

lapse and be void within five years after the date of this statement if the proposal to which this statement relates is not substantially commenced.

3-2 The proponent shall provide the CEO with written evidence which demonstrates that

the proposal has substantially commenced on or before the expiration of five years from the date of this statement.

4 Compliance Reporting 4-1 The proponent shall submit to the CEO environmental compliance reports annually

reporting on the previous twelve-month period, unless required by the CEO to report more frequently.

4-2 The environmental compliance reports shall address each element of an audit

program approved by the CEO and shall be prepared and submitted in a format acceptable to the CEO.

4-3 The environmental compliance reports shall:

1. be endorsed by signature of the proponent’s chief executive officer or a person, approved in writing by the CEO, delegated to sign on behalf of the proponent’s chief executive officer;

2. state whether the proponent has complied with each condition and procedure

contained in this statement; 3. provide verifiable evidence of compliance with each condition and procedure

contained in this statement; 4. state whether the proponent has complied with each key action contained in

any environmental management plan or program required by this statement; 5. provide verifiable evidence of conformance with each key action contained in

any environmental management plan or program required by this statement; 6. identify all non-compliances and non-conformances and describe the

corrective and preventative actions taken in relation to each non-compliance or non-conformance;

7. review the effectiveness of all corrective and preventative actions taken; and 8. describe the state of implementation of the proposal.

4-4 The proponent shall make the environmental compliance reports required by condition 4-1 publicly available in a manner approved by the CEO.

Page 123 of 147

5 Noise 5-1 The proponent shall implement the Noise Management Plan contained in

documentation submitted for the Assessment on Referral Information August 2007, to the requirements of the Department of Environment and Conservation.

6 Dust 6-1 The proponent shall implement the Dust Management Plan contained in

documentation submitted for the Assessment on Referral Information August 2007, to the requirements of the Department of Environment and Conservation.

Page 124 of 147

Schedule 1

Tilley Siding Iron Ore Loading Facility (Assessment No. 1704) General Description The proposal is to construct and operate a rail siding 2 kilometres north of Morawa, on the Morawa-Wubin Road adjacent to the existing railway, to load iron ore for rail transport. The proposal is described in the following document – Supporting Documentation for Assessment on Referral Information: Tilley Siding Stockpile Loading and Transport Facility, August 2007. Summary Description A summary of the key proposal characteristics is presented in Table 1 Table 1 – Summary of Key Proposal Characteristics

Element Description Major project components



A total area of 28 hectares (ha) of which • 27.74 ha is previously cleared

agricultural land; and • 0.26 ha bushland.

Length of turnout 1,610 metres Road train arrivals 2 trucks per hour 24 hours per day Train makeup 64 wagons with two 2000HP (Westrail Class

R) or similar Loading Two front end loaders Stockpiles Two stockpiles running parallel to the siding. 3

metre high dead stockpile maintained as noise barrier on western side of siding.

Waste materials Negligible, will be removed from site. Water requirement (anticipated)

180 kilolitres/day



Water salinity TDS level between 3000 and 5000 parts per million (ppm)

Figure (attached) Figure 1 – Location Plan (see figure 1 above)

Page 125 of 147


Page 29

ATTACHMENT 12 EPA Approval on behalf of Minister for the Environment

Page 126 of 147

STATUS OF THIS DOCUMENT This document has been produced by the Office of the Appeals Convenor as an electronic version of the original Statement for the proposal listed below as signed by the Minister and held by this Office. Whilst every effort is made to ensure its accuracy, no warranty is given as to the accuracy or completeness of this document. The State of Western Australia and its agents and employees disclaim liability, whether in negligence or otherwise, for any loss or damage resulting from reliance on the accuracy or completeness of this document. Copyright in this document is reserved to the Crown in right of the State of Western Australia. Reproduction except in accordance with copyright law is prohibited. Published on 8 January 2008 Statement No. 758

STATEMENT THAT A PROPOSAL MAY BE IMPLEMENTED (PURSUANT TO THE PROVISIONS OF THE ENVIRONMENTAL PROTECTION ACT 1986)

TILLEY SIDING IRON ORE LOADING FACILITY

SHIRE OF MORAWA

Proposal: The construction and operation of a rail siding (Tilley Siding) two kilometres north of Morawa on the Morawa-Wubin Road adjacent to the existing railway. The facility will be used to stockpile iron ore which has been transported by truck from Koolanooka. Iron ore stockpiled at Tilley Siding will be loaded by two front-end loaders onto rail cars for transport to Geraldton Port.

Proponent: Midwest Corporation Limited (ACN 009 224 800) Proponent Address: Suite 2, 32 King’s Park Road, WEST PERTH WA 6005 Assessment Number: 1704 Report of the Environmental Protection Authority: Bulletin 1267 Minister’s appeal determination: 146 of 2007 The proposal referred to in the above report of the Environmental Protection Authority may be implemented. The implementation of that proposal is subject to the following conditions and procedures: 1 Proposal Implementation 1-1 The proponent shall implement the proposal as documented and described in

schedule 1 of this statement subject to the conditions and procedures of this statement.

Page 127 of 147

2 Proponent Nomination and Contact Details 2-1 The proponent for the time being nominated by the Minister for the Environment

under sections 38(6) or 38(7) of the Environmental Protection Act 1986 is responsible for the implementation of the proposal.

2-2 The proponent shall notify the Chief Executive Officer of the Department of

Environment and Conservation (CEO) of any change of the name and address of the proponent for the serving of notices or other correspondence within 30 days of such change.

3 Time Limit of Authorisation 3-1 The authorisation to implement the proposal provided for in this statement shall

lapse and be void within five years after the date of this statement if the proposal to which this statement relates is not substantially commenced.

3-2 The proponent shall provide the CEO with written evidence which demonstrates that

the proposal has substantially commenced on or before the expiration of five years from the date of this statement.

4 Compliance Reporting 4-1 The proponent shall submit to the CEO environmental compliance reports annually

reporting on the previous twelve-month period, unless required by the CEO to report more frequently.

4-2 The environmental compliance reports shall address each element of an audit

program approved by the CEO and shall be prepared and submitted in a format acceptable to the CEO.

4-3 The environmental compliance reports shall:

1. be endorsed by signature of the proponent’s chief executive officer or a person, approved in writing by the CEO, delegated to sign on behalf of the proponent’s chief executive officer;

2. state whether the proponent has complied with each condition and

procedure contained in this statement; 3. provide verifiable evidence of compliance with each condition and

procedure contained in this statement; 4. state whether the proponent has complied with each key action contained

in any environmental management plan or program required by this statement;

Page 128 of 147

5. provide verifiable evidence of conformance with each key action contained in any environmental management plan or program required by this statement;

6. identify all non-compliances and non-conformances and describe the

corrective and preventative actions taken in relation to each non-compliance or non-conformance;

7. review the effectiveness of all corrective and preventative actions taken;

and 8. describe the state of implementation of the proposal.

4-4 The proponent shall make the environmental compliance reports required by

condition 4-1 publicly available in a manner approved by the CEO. 5 Noise 5-1 The proponent shall implement the Noise Management Plan contained in

documentation submitted for the Assessment on Referral Information, August 2007, to the requirements of the CEO.

6 Dust 6-1 The proponent shall implement the Dust Management Plan contained in

documentation submitted for the Assessment on Referral Information, August 2007, to the requirements of the CEO.

Page 129 of 147

Schedule 1 Tilley Siding Iron Ore Loading Facility (Assessment No. 1704) General Description The proposal is to construct and operate a rail siding, two kilometres north of Morawa, on the Morawa-Wubin Road adjacent to the existing railway, to load iron ore for rail transport. The siding is on lease areas G70/221 and G70/213. The proposal is described in the following document – Supporting Documentation for Assessment on Referral Information: Tilley Siding Stockpile Loading and Transport Facility, August 2007. Summary Description A summary of the key proposal characteristics is presented in Table 1. Table 1 – Summary of Key Proposal Characteristics Element Description Major project components



A total area of 28 hectares of which • 27.74 hectares is previously cleared

agricultural land; and • 0.26 hectares is bushland.

Length of turnout 1,610 metres Road train arrivals 2 trucks per hour, 24 hours per day Train makeup 64 wagons with two 2000HP (Westrail Class

R) or similar Loading Two front-end loaders Stockpiles Two stockpiles running parallel to the siding.

3-metre high dead stockpile maintained as a noise barrier on the western side of the siding.

Waste materials Negligible, will be removed from site. Water requirement (anticipated)

180 kilolitres per day



Water salinity TDS level between 3000 and 5000 parts per million.

Figure (attached) Figure 1 – Location Plan.

Page 130 of 147

TILLEY SIDING (Assessment No. 1704)

Figure 1: Location Plan.

Page 131 of 147

of 147


Page 30

ATTACHMENT 13 Tilley Siding Noise and Dust Management Plans

Page 135 of 147


Tilley Siding – Environmental Management Plan

10

EMP – 06 Dust Management

Objectives

• To ensure that emissions do not adversely affect environmental values or the

health, welfare and amenity of people and land uses by meeting statutory

requirements and acceptable standards.

Management

• Dust modelling has been conducted as part of project design to determine

potential impacts to sensitive receptors. This includes impacts of dust

deposition on vegetation, as well as PM10 levels at nearby residences.

• A dust monitoring register to be developed and utilised.

• An anemometer to be maintained on site.

Unloading of road trains

• Side tipping road trains will be used to reduce dust emission from tipping of ore.

Pushing Up of Ore.

• Road trains will unload ore as close to the final stockpile location as possible to

minimise re-handling of ore.

Use of unpaved roads

• Water containing less than 5000 ppm TDS will be used in dust suppression.

Unsealed roads at Tilley Siding will be sprayed as required to minimis dust.

• Vehicle speeds will be limited to 30 km/hr on unsealed surfaces whilst within the

immediate vicinity of Tilley Siding.

• Road train drivers will monitor and report impaired visibility due to dust on the

Mullewa – Wubin Road.

Cleared Areas

• Vegetation clearing will be kept to the minimum area possible.

Loading of railcars

• Stockpiles will be placed adjacent to the rail line to minimise shunting of the train.

• Front end loaders will load from the top of the stockpiles working down to

minimise lift off.

• A water cart fitted with a water cannon will be on standby if additional spraying is

required on stockpiles.

Stockpiled Ore

• Stockpiles at Tilley Siding will be sprayed with water at change of shift, mid-day

and as required at other times.

• Stockpiles will be placed adjacent to the rail line to minimise rehandling of ore.

• Stockpiles will not exceed exceed three metres in height.

Page 136 of 147



11

Performance Targets

• No dust complaints from the community during development, operation and

closure of the site.

• No adverse impacts on vegetation.

Monitoring

• A daily site inspection will be undertaken at Tilley Siding by the Project Manager

that will include the following:

� Visible assessment of dust levels on site.

� Visible assessment of dust levels on the Mullewa – Wubin Road.

� Visible assessment of dust-deposition around native vegetation.

� Assessment of wind break condition.

• During the first month of operation visual inspections to be undertaken around the

northern end of the Town of Morawa by the Project Manager. Inspections to be

carried out at a minimum twice a week andcover the full range of typical wind

velocities. Inspections to include the following:

� Conducted when the wind direction is towards the Town of Morawa.

� Conducted at different wind velocities.

� Visible assessment of dust levels.

� Visible assessment of dust-deposition.

� Recording the time, wind velocity, current activities at the time of

inspection and inspection results in the dust monitoring register.

Reporting

• Community complaints will be investigated and the complaint and any

corrective action required will be reported to DEC and or DoIR as required.

• Environmental non-conformances related to dust will be reported to the DEC.

• Annual Environmental Review containing a summary dust report will be

submitted to DoIR.

Review

• Review the dust monitoring register at the completion of the two month

monitoring period. If short term dust incidents have been recorded management

actions to be reviewed in consultation with the DEC.

Page 137 of 147



12

Figure 6-1 Dust Monitoring Programme

Page 138 of 147



13

Figure 6- 2 Visual Inspection Process

Page 139 of 147



14

EMP - 07 Noise Management

Objectives

• To protect the amenity of nearby residents and employees from noise impacts

by ensuring noise levels meet statutory requirements and standards.

Management

All management activities outlined below are the responsibility of the Site Manager.

Equipment

• Midwest will source low-noise equipment for use at Tilley Siding wherever

practicable. This will include:

• Use of broad band reversing beepers that will reduce the tonality and the

effective noise by 5 dB over 500 metres.

• Exhaust mufflers will be retrofitted to the CAT 980H that are quoted by

the supplier to provide a noise reduction of 10 dB. Engine Protection

Equipment Pty Ltd can supply mufflers.

• Equipment, front-end loaders and road trains will be serviced regularly to

ensure tonality levels of equipment are at design levels. Servicing will occur

every 250 hours of operation. The operator will check equipment for faults

every shift during a pre-start check.

• All on road licensed equipment operated on the site will comply with

Australian Design Rule (ADR) 28/01. Earthmoving equipment will be required

not to exceed a sound power level of 112 dB(A) wherever practicable.

Construction

• Occupiers of the nearest noise sensitive premises will be notified that

earthworks and construction are about to commence at least 24 hours prior to

the commencement.

• Construction activities will be limited, where possible, to between the hours of

0700 - 1900 on any day except Sundays and Public Holidays. Work will be

carried out in accordance with Section 6 of AS2436-1981.

Operations

• Two front-end loaders will be utilised at any time on Tilley Siding.

• When two front end loaders are operating at the same time they must be kept

300 m apart.

• Haul truck noise levels to be limited to 107.8 dB(A) between the stockpile and

train and 100.8 dB(A) between the receiver and stockpile.

• Activities, such as front end loading activities, train loading, and trucking shall

be scheduled to day time periods.

Train Chatter

• Locomotive operator training will include the practise of ensuring the drawgear slack

is taken up throughout the train before advancing the throttle further which minimises

unnecessary noise further

• Wagons will have a solid fixed drawbar between each pair which will effectively

remove 50% of the trains drawgear slack

Page 140 of 147



15

• Due to the design of Tilley Siding no shunting is required during loading.

Monitoring

• Monitoring of noise will commence following commissioning of Tilley Siding.

Monitoring is described below. Monitoring noise levels will be maintained at

or below the following predicted levels:

07:00 to 19:00 19:00 to 22:00 or 9:00 to 19:00

(Sunday and public holidays)

Night Time

45 dB 40 dB <35 dB

• The Site Manager will maintain a complaints register.

• All activity at the siding will be logged. This will include a log of:

• train arrivals and departures;

• truck dumping times;

• times worked by the front-end loaders; and

• any other activities at the siding.

Performance Targets

• No noise complaints due to front end loader or road train operations.

• No breach of the Noise Standard Levels for activities other than train

movements.

Monitoring

• Midwest will carry out noise monitoring following commissioning of Tilley

Siding.

• Midwest proposes to conduct an initial monitoring programme that will run for

four weeks. Monitoring to be conducted when the wind direction is towards

the Town of Morawa. This will enable the levels of operational noise to be

monitored and the effectiveness of management actions to be assessed.

• If the programme determines levels are higher than expected, management

actions will be reassessed and monitoring will continue until such time as a two

week period of conformance is reached. The programme is outlined in Figure

7-3.

Initial Monitoring Programme

• Monitoring will record LA1, LA10 and LA90 over sample periods of 15 minutes.

The logging period will be over at least four weeks including three weekends.

• Levels of LA1, LA10 and LAmax will be recorded.

• All monitoring equipment will be calibrated prior to monitoring and within

specifications of the Noise Regulations Schedule 4.

Page 141 of 147



16

• Placement of the stations will be between the siding and sensitive receptors.

The noise monitoring location will be in an area of level ground with low

background noise. Monitoring locations will be determined in negotiation with

landowners once approval of the project is granted.

• Microphones will be placed at least 1.2 metres above the ground and 3 metres

away from noise reflecting surfaces.

• Monitoring stations will be attended during the monitoring programme.

• Midwest will maintain a log of the following:

• train arrivals and departures;

• truck dumping times;

• times worked by the front-end loaders; and

• any other activities at the siding.

• All records will be reviewed at the end of the programme; any exceedances will

be reported to the DEC Noise branch.

Complaints Monitoring

• The Site Manager will maintain a complaint Register.

• Where a complaint is received, the Register will be cross-referenced with the

daily logs of the works completed at the Siding. Where it is determined that the

complaint was due to Midwest works the complaint will be addressed and

actions will be taken to prevent further occurrences.

Reporting

• Complaints will be investigated and the complaint and any corrective action

required will be reported to the DEC and or DoIR as required.

• Complaints and noise monitoring results will be reported within Midwest’s

Annual Environmental Report.

Page 142 of 147



17

NOISE MONITORING

Initial 4 week

program

No Breach Breach

Continue

Monitoring until 2

weeks of no

breach is reached.

Reassess

management

practices

2 week Annual

Monitoring

2 week Bi-Annual

Monitoring

CONTINUE WORK

Document all works completed

at the Siding. Record:

Complaints;

Train arrivals and departures;

Times of trucks dumping;

Times of FEL operation;

Any other works completed at

site.

Figure 7-1: Noise Monitoring Programme

Page 143 of 147

LOT 502

LOT 502

LOT 502

MORAWA-YALGOO ROAD

MORAWA

2.5km

LOT 5619

MU

LLEW

A-W

UBI

N R

OAD

290

290

DEVELOPMENT APPLICATION

EXISTING RAIL SIDING (TILLEY SIDING)STOCKPILING AND ROAD-RAILTRANSPORT FACILITY

LOT 502 ON DP73471

MORAWA-YALGOO ROAD, MORAWA

SCALE - 1:5000 @ A3NNOTE - SITE DIMENSIONS ARE APPROXIMATE ONLY

APP REF. # - 11022

LEGEND:

SUBJECT SITE - EXTENT OF DEVELOPMENTAPPLICATION

EXISTING LOT BOUNDARY

EXISTING RAILWAY LINE

AREAS OF REMNANT VEGETATION

AREAS OF GRAVEL HARDSTAND

EXISTING BITUMEN SEALEDVEHICLE ENTRY DRIVEWAY

EXISTING COMPACT GRAVEL BASESTOCKPILE AND TRUCK/RAILLOADING AREA.

EXISTING RAILWAY LINE

(KOOLANOOKA - TILLEY)EXISTING RAILWAY LINE

(KARARA HILL - TILLEY)EXISTING RAILWAY LINE

TRUCK TURNAROUND AREA

EXISTING RAILWAY LINE(GERALDTON - NORTHAM)

1288

m

1631

m

142m

VEHICLE ENTRANCE

141m

100m

EXISTING CONTOURS

7.2.3.2 C - Plan

Page 144 of 147

7.2.3.2 D - Tilley Siding Submissions - MRWA and EPA

Page 145 of 147

of 147

7.2.4 Correspondence 7.2.5 Information Bulletin

8. New Business of an Urgent Nature Nil 9. Applications for Leave of Absence Nil 10. Motions of Which Previous Notice Has Been Given Nil 11. Questions from Members without Notice Nil 12. Meeting Closed

12.1 Matters for which the meeting may be closed 12.2 Public reading of resolutions that may be made public

13. Closure

The Shire President closed the meeting at 5.44pm.

…………………….……………Presiding Person 14. Next Meeting

Ordinary Meeting 17 August 2017

Page 147 of 147

minutes ordinary council meeting thursday, 20 · pdf fileminutes ordinary council meeting...

Documents